IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.NO.49172 OF 2016 (BDA) Between Sri.S.Ganesh, S/o Siddappa. S, Aged about 53 years, Residing at, No.28/15, Ganesha Block, Saraswathipura, Behind Mahalakshmi Tent, Nandhini Extension, Bengaluru – 560 096. ... Petitioner (By Sri.M.S.Bhagwat, Advocate) And 1. Bangalore Development Authority, Represented by its Commissioner, T.Chowdaiah Road, Kumar Park West, Bengaluru – 560 020.
2. The Deputy Secretary – 3, Bengaluru Development Authority, T.Chowdaiah Road, Kumar Park West, Bengaluru – 560 020. ... Respondents (By Sri.M.N.Ramanjaneya Gowda, Advocate for R.1 & R.2) This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the respondents to consider the representation dated 19.12.2014 and 07.05.2015 (Annexures –F & G) respectively and further direct the respondents to allot an alternative site in lieu of site bearing No.960/10 Vijayananda Nagara Slum, in accordance with Rule 11-A of the Bengaluru Development Authority (Allotment of Sites) Rules, 1984.
This Writ Petition coming on for Preliminary Hearing – B Group, this day, the Court made the following:-
O R D E R The short grievance of the petitioner as to non-consideration of his claim for allotment of site does not survive for consideration inasmuch as, the respondent No.1/BDA has issued the allotment letter dated 16.02.2018, a copy whereof is at Annexure-R.1 to its Statement of Objections.
2. The learned counsel for the petitioner is more than justified in seeking a direction for execution and registration of conveyance in furtherance of the said allotment.
3. In view of the above, this Writ Petition succeeds in part; a Writ of Mandamus issues to the Respondent No.1/BDA to take all steps in furtherance of the allotment letter dated 16.02.2018; for execution and registration of a due conveyance accordingly, subject to petitioner fulfilling the admissible conditions.
Time for compliance two months. No costs.
Sd/- JUDGE NBM