IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.36757/2017 (LA – BDA) BETWEEN:
SRI P.V.VENKATARAMANA S/O LATE SRI VENKATAPPA AGED ABOUT 54 YEARS R/AT No.B-101, PRASIDHI NIMISHAMBA APARTMENT, S.A ROAD CHOLANAGAR, R.T. NAGAR POST BENGALURU-560004. …PETITIONER (BY SRI VARUN GOWDA & SRI H.V.DEVARAJU, ADVS.) AND:
1. THE STATE OF KARNATAKA REP. BY SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AMBEDKAR VEEDHI, BENGALURU-560001.
2. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BENGALURU-560020 REP. BY ITS COMMISSIONER.
3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU-560020. …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA. FOR R-1; K.KRISHNA, ADV. FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION, DATED 23.05.2017 VIDE ANNEXURE-P IN PURSUANT TO THE RESOLUTION PASSED BY THE RESPONDENT No.2 DATED 25.06.2007 IN SUBJECT No.118/2007 AS PER ANNEXURE-E AND IN PURSUANT TO THE ORDER, DATED 06.06.2006 PASSED IN W.P.NO.6198/2004 VIDE ANNEXURE-C AND DE-NOTIFY THE SCHEDULE PROPERTY BY WITHDRAW FROM THE ACQUISITION.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a writ of mandamus directing the respondents to consider the representation dated 23.05.2017 as per Annexure-P in pursuant to the Resolution passed by the respondent No.2 Bangalore Development Authority dated 25.06.2017 in Subject No.118/2007 as per Annexure-D and in pursuant to the order dated 06.06.2006 passed in W.P.No.6198/2004 and de-notify the Schedule Property withdrawing the same from the acquisition proceedings.
2. The petitioner claims to be the absolute owner in possession and enjoyment of the converted land to an extent of 10 guntas in Sy.No.14/1 of Hosahalli Village, Uttarahalli Hobli, Bengaluru South Taluk. It is contended that the Bangalore Development Authority has acquired the said land vide preliminary notification dated 07.11.2002 and the final notification dated 10.09.2003 for formation of layout called Banashankari 6th [Stage] Phase. Aggrieved by the same, W.P.No.6198/2004 was filed by the petitioner wherein this Court passed an interim order dated 20.02.2004 for stay of dispossession. Finally the said writ petition along with the connected matters has been disposed of, upholding the acquisition proceedings subject to certain conditions and the Bangalore Development Authority to consider the same by order dated 06.06.2006. Pursuant to the said directions issued by this Court, the petitioner submitted the representation bringing to the notice of the Bangalore Development Authority that the land to an extent of 10 guntas in Sy.No.14/1 was purchased earlier to the preliminary notification by the petitioner, which was converted form agricultural to non-agricultural purpose for construction of residential houses and accordingly requested to de-notify/withdraw from the acquisition proceedings. It appears that W.A.No.1498/2006 filed by the petitioner against that portion of the order passed in W.P.No.6198/2004 has been withdrawn by the petitioner.
3. It is submitted that the Bangalore Development Authority issued an endorsement dated 22.08.2007 intimating the petitioner that as per the directions of the orders passed by this Court in W.P.No.6198/2004, the Bangalore Development Authority passed the Resolution dated 25.06.2007 in Subject No.118/2007 whereby the Bangalore Development Authority has agreed to de- notify/withdraw the lands in question and the same is recommended to the Government for appropriate orders.
4. It is the grievance of the petitioner that the detailed representation submitted by the petitioner pursuant to the communication of Bangalore Development Authority dated 22.08.2007 has not been acted upon by the Respondent No1.
5. In view of the endorsement dated 05.04.2017 issued by the Bangalore Development Authority intimating the petitioner that the recommendation sent to the Government is still pending before the first respondent and the representation of the petitioner dated 02.04.2017 as well as 23.05.2017 submitted before the respondent No.1 being unconsidered, it is appropriate for this Court to direct the respondent No.1 to consider the said representations of the petitioner in the light of the order passed by this Court in W.P.No.6198/2004 dated 06.06.2006 as well as the recommendations of the Bangalore Development Authority dated 22.08.2017 and 05.04.2017 and is ordered accordingly. The respondent No.1 shall take a decision in accordance with law in an expedite manner and the same shall be communicated to the petitioner.
The compliance of this order shall be made preferably within a period of twelve weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE NC.