IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.7044/2019 (BDA) BETWEEN :
VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., No.35, RATNAVILAS ROAD BASAVANAGUDI BANGALORE - 560004 REP BY ITS SECRETARY SMT SARASWATHI KESARKAR ...PETITIONER (BY SRI B.L.SANJEEV, ADV.) AND :
1. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE - 560020 REP BY ITS COMMISSIONER 2. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF HOUSING AND URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 22.02.2019.) …RESPONDENTS (BY SRI K.KRISHNA, ADV. FOR R-1; SRI E.S.INDIRESH, AGA FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO COMPLY THE DIRECTIONS OF THIS HON’BLE COURT IN THE ORDER DATED 13.09.2013 PASSED IN W.P.NO.25764-765/2013 VIDE ANNEXURE-D AND ALLOT ALTERNATE LAND MEASURING 1 ACRE 13 GUNTAS TO THE PETITIONER IN LIEU OF THE LAND SHORT DELIVERED BY THEM PURSUANT TO G.O. DATED 04.10.2007 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has sought for a direction to the respondents to comply with the directions of the order of this Court dated 13/09/2013 passed in W.P.Nos.25764-765/2013 and allot alternate land measuring 1 acre 13 guntas to the petitioner in lieu of the land short delivered by them, pursuant to the Government Order dated 04/10/2007 and also to consider the representation dated 27/09/2013 submitted by the petitioner at Annexure-E to the writ petition..
2. The petitioner claims to be a society registered under the Karnataka Co-operative Societies Act, 1959 and has formed a layout in the land comprising of survey Nos.16, 17, 18, 19 of Gerehalli Village and survey Nos.101, 103/1, 103/2, 104/1, 104/2, 105 and 106 of Hosakerehalli Village known as IV Phase Layout.
3. It is submitted that pursuant to the interim order of this Court in W.P. No. 12236/2006 and connected case, respondent No.1, by its letter dated 23/08/2007, recommended for allotment of land in favour of the petitioner. Based on the said recommendation, the State Government by order dated 04/10/2007 directed the respondent No.1 for making bulk allotment of 80 acres 13 guntas in favour of the petitioner, subject to certain conditions.
4. It is contended that the said matter was contested and the Division Bench has considered the aforesaid issue in W.P.No.18496/2007 and connected matters and in terms of the order dated 16/11/2010 has disposed of the matter with certain directions. It is the grievance of the petitioner that respondent No.1 has not complied with the directions of this Court issued in the aforesaid matters. Further, the petitioner had preferred Writ Petition Nos. 25764-765/2013 which came to be disposed of by this Court on 13/09/2013 directing the Commissioner, BDA to consider the request of the petitioner and take an appropriate decision by passing a speaking order and the same shall be communicated to the petitioner. Further, the petitioner was directed to file a representation along with a copy of the said order and the supporting documents with the Commissioner and the Commissioner was directed to dispose of the matter in an expedite manner within a time frame. It is contended that despite submitting such representation, no final decision has been taken by respondent No.1. Hence, the writ petition.
5. Having regard to the facts and circumstances of the case, this Court is of the considered view that it is appropriate to direct the respondent No.1 to consider the representation dated 27/09/2013 submitted by the petitioner at Annexure-E to the writ petition and take a decision in accordance with law, keeping in mind the judgments referred to above, by passing a speaking order and communicate the same to the petitioner. Ordered accordingly. Compliance shall be made in an expedite manner, in any event, not later than eight weeks from the date of receipt of a copy of this order.
6. The writ petition stands disposed of, in terms of the above.
Sd/- JUDGE Msu