IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.40307 OF 2017 (LA-UDA) BETWEEN:
SRI MAHESH G BALIGAR S/O LATE GANGADHAR BALIGAR AGE 50 YEARS R/O NO.47/136 PWD QUARTERS PWD COLONY COURT ROAD CHAMARAJANAGAR TOWN CHAMARAJANAGAR DISTRICT – 571313 (By Mr. NAGARAJ R C, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY 2. THE COMMISSIONER TOWN PLANNING AUTHORITY NO 301 DISTRICT ADMINISTRATIVE BHAVAN B R HILLS ROAD CHAMARAJANAGAR – 571313.
(By Mr. E S INDIRESH, AGA FOR R1 Mr. A V GANGADHARAPPA, ADV. FOR R2) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 CONSIDER THE PETITIONER’S REPRESENTATION DATED 8.11.2016 AT ANNEX-A TO PAY COMPENSATION FOR DEMOLITION OF HIS HOUSE AND FOR UTILIZATION OF PETITIONER’S LAND / SITE BEARING NO.2, ASSESSMENT NO.179/179/A, MEASURING 1320 SQ. FT., SITUATED AT GALIPURA LAYOUT, WITHIN THE LIMITS OF CHAMARAJNAGAR TOWN MUNICIPAL COUNCIL DIVISION ‘A’ FOR ROAD WIDENING AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Nagaraj R.C., learned counsel for the petitioner.
Mr.E.S.Indiresh, learned Additional Government Advocate for the respondent No.1.
Mr.A.V.Gangadharappa, learned counsel for the respondent No.2.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the respondent No.2 to consider the petitioner’s representation dated 08.11.2016 under Annexure-A to pay compensation for demolition of his house and for utilization of petitioner’s land/site bearing No.2, Assessment No.179/179/A measuring 1320 sq. ft.
situated at Galipura Layout, within the limits of Chamarajanagar Town Municipal Council Division ‘A’, for road widening.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the respondent No.2 be directed to consider the representation submitted by the petitioner as per Annexure-A in a time bound manner.
5. In view of the aforesaid submissions, the petition is disposed of with a direction to the respondent No.2 to consider the representation submitted by the petitioner vide Annexure-A by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Sd/- JUDGE RV