Petitioner sought direction to Bangalore Development Authority to consider her representation for allotment of an alternative site pursuant to an earlier resolution and undertaking.
Respondent-BDA directed to consider the representation dated 16.02.2021 and implement the Resolution dated 04.07.2006 within eight weeks.
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WP No. 11822 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 11822 OF 2021 (LA-BDA)
BETWEEN:
SMT K PUSHPA W/O. K. BHASKAR, AGED ABOUT 63 YEARS R/AT NO. 240, NAGASANDRA ROAD, BENGALURU - 560028.
…PETITIONER
(BY SRI. SUNDARESH H C., ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
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WP No. 11822 of 2021
…RESPONDENTS
(BY SRI. SATYA NARAYANA REDDY,
ADVOCATE FOR R1 TO 4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 16.02.2021 AS PER ANNEXURE-K FOR ALLOTMENT OF SITE NO.43/A MEASURING 30 X 40, SITUATED AT HOSKEREHALLI, BANASHANKARI 3RD STAGE WITH FREE OF COST, AS PER THE CD REPORT FURNISHED BY THE ASSISTANT EXECUTIVE ENGINEER AS PER ANNEXURE-H; AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING
ORDER
Heard the learned counsel appearing for both the parties.
for direction to the respondent-authorities to consider the representations made by him.
writ petition are that the petitioner claims to be the owner of the revenue sites bearing Nos.2 and 3, measuring 2.02 guntas in Survey No.103 of Nagarabhavi, Yeshwanthapura Hobli, Bengaluru North
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Taluk. The respondent-Bangalore Development
Athourity (for short, hereinafter referred to as BDA) has acquired the aforementioned lands for the purpose of formation of outer ring road connecting from Magadi Road to Mysore road without initiating acquisition proceedings. Thereafter, the petitioner has made a representation to the respondent-BDA seeking allotment of alternative sites in lieu of taking over the property of the petitioner. In that view of the matter, the respondent-BDA, as per the resolution dated 04.07.2006 in subject No.102 of 2006 vide Annexure-D, had taken a decision to allot 75% of the land in the same layout or in the equally developed layout in favour of the petitioner. Thereafter, as per Annexure-E, the respondent-BDA has identified the site having dimension of 30x40 to be allotted in favour of the petitioner. Subsequently, due to non-allotment of site by the respondent-BDA, the petitioner has approached this Court in Writ Petition No.5984 of 2018, (AnnexureG) for the necessary relief i.e. for grant of alternative
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site. On the basis of undertaking given by the respondent-BDA, this court has disposed of the said writ petition on 07.02.2019. It is also averred in the petition that the vacant site is available for disposal in favour of the petitioner as per Annexure-H. Accordingly, the petitioner has made representation dated 16.02.2021, (Annexure-K) to the respondent-authorities and same has not been considered by the respondent-BDA. Being aggrieved by the inaction on the part of the respondentBDA, the petitioner has presented this writ petition.
learned counsel appearing for the parties, it is not in dispute that the respondent-authorities have earmarked the allotment of site in the dimension of 30x40 in the same layout as per the resolution passed by them, vide Annexure-D and same has not been considered by the respondent-BDA despite the petitioner has approached this court on the earlier occasion in Writ Petition No.5984 of 2018 as per Annexure- G. In view of the same, respondent-BDA is directed to consider the
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grievance of the petitioner at the earliest within a period of eight weeks from the date of receipt of certified copy of this order to see that the Resolution dated 04.07.2006 as per Annexure-D to be implemented by considering the representation dated 16.02.2021 as per Annexure-K. With the above observations, the writ
petition is disposed of .
Sd/JUDGE
SB
List No.: 1 Sl No.: 49
2 issues framed by the court
Whether the respondent-BDA is directed to consider the petitioner's representation dated 16.02.2021 for allotment of an alternative site as per a prior resolution.
Whether the petitioner is entitled to relief for non-allotment of the earmarked site.
2 provisions across 2 enactments
SMT K PUSHPA W/O. K. BHASKAR
THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY
THE DEPUTY SECRETARY-III BANGALORE DEVELOPMENT AUTHORITY
THE SPECIAL LAND ACQUISTION OFFICER BANGALORE DEVELOPMENT AUTHORITY
THE EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, WEST DIVISION
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
