IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.23625 OF 2018 (GM-SLUM) Between:
Smt. V. Latha W/o Manjunath, D/o late T. Venkataswamy, Aged 43 years, R/o No.3, 3rd Main, Road, 1st Cross, Sarvabhoumanagar, Chikkallasandra, Bengaluru – 560 061.
(By Sri. B.R. Deepak, Advocate) … Petitioner And:
1. The State of Karnataka By: Secretary, Housing & Development Department, Vidhana Soudha, Bengaluru – 560001.
2. The Karnataka Slum Board By: Secretary, No.55, Abhaya Complex, 3rd Floor, Risaldar Street, Sheshadripuram, Bengaluru – 560 020.
…Respondents (By Sri. V. Shivareddy, HCGP for R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-1 and 2 to comply and execute the agreed terms and conditions as executed by R-2 in favour of late T. Venkataswamy vide Agreement dated 04.03.1986 vide Annexure-A by issuing an order or deleting the land area measuring 441.31 Square Meters [4751.21 square feet] situated in B.C.C. No.5, Williams Town, 48th Division Syed Khadar Garden Slum K.G. Byadarahalli, Bengaluru – 560 046 and order the respondent authority to declare and vacate the slum dwellers residing in this portion of the land area measuring 441.31 S.Mtr. and register the same in favour of the petitioner without collecting any penalty and etc., This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.B.R.Deepak, learned counsel for the petitioner.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondent No.1.
2. Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent No.2.
3. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
4. In this petition, the petitioner inter alia prays for a direction to respondent No.2 to make payment of compensation in respect of the land measuring 11,050 square feet situated in B.C.C.No.5, Williams Town, 48th Division Syed Khader Garden Slum, K.G.Byadarahalli, Bengaluru – 560 046.
5. When the matter was taken up today, learned counsel for the petitioner submitted that the father of the petitioner was the owner of the land and an agreement dated 04.03.1986 was executed between the father of the petitioner as well as respondent No.2. It is further submitted that under the agreement, land in question was acquired. However, the compensation has not been paid to the petitioner and that with regard to his grievance, the petitioner has filed a representation to respondent No.2 and the writ petition be disposed of with a direction to respondent No.2 to consider and decide the representation submitted by him in accordance with law.
6. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to respondent No.2 to consider and decide the representation submitted by the petitioner in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
dn/-
Sd/- JUDGE