Landowner sought a mandamus directing BDA to consider her representation seeking compensation under the 60:40 scheme in respect of land acquired for Dr. Shivaram Karanth Layout. The court disposed of the petition directing BDA to decide the representation within four weeks and not precipitate matters against the petitioner's property meanwhile.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25666 OF 2023 (BDA)
BETWEEN:
SMT. LALITHA K, W/O LATE KRISHNAMURTHY, AGED ABOUT 57 YEARS, R/A NO.78, SAMRUDHI NILAYA, 2ND MAIN ROAD, 3RD CROSS, AECS EXTENSION, SANJAY NAGAR, BENGALURU-560 094.
…PETITIONER
(BY SRI. CHOKKAREDDY., ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI.SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TODIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION 23.05.2023 AS ANNEXURE-A FOR RESERVING THE 5750 SQ FT AS RATIO 60.40 SCHEME OF LAND COMPENSATION IN RESPECT OF IN OLD SY.NO.48, NEW SY.NO.48/1, MEASURING 24 GUNTAS, SITUATED AT DODDABETTAHALLI VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT, AS PER THE REPORT DTD 30.06.2023, SUBMITTED THE SLAO-5 AS ANNEXURE-F1, BY ALLOWING THE WRIT PETITION.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
(PER: HON'BLE MR JUSTICE M NAGAPRASANNA)
The petitioner is before this court seeking a direction by issuance of a writ in the nature of mandamus for consideration of a representation dated 23.05.2023.
submits that if reasonable time is granted, representation
would meet its consideration in accordance with law and necessary orders would be passed.
the petition with a direction to the respondent-BDA to consider the representation of the petitioner dated 23.05.2023 within an outer limit of four weeks and communicate the decision taken to the petitioner thereon. Till the consideration of the representation happens at the hands of the respondent-BDA, the BDA shall not precipitate the matter qua the property of the petitioner.
With the aforesaid direction, the petition stands disposed.
It is made clear that we have not considered the merit of the claim of the petitioner.
Ordered accordingly.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(M.NAGAPRASANNA) JUDGE
cbc
1 issue framed by the court
Should the BDA be directed to consider the petitioner's representation dated 23.05.2023 regarding land compensation for the acquired property?
1 provisions across 1 enactments
Smt. Lalitha K
The Commissioner, Bangalore Development Authority
Special Land Acquisition Officer-V, BDA
Executive Engineer, BDA
Assistant Executive Engineer, BDA
Assistant Engineer, BDA
Krishna S Dixit
M.Nagaprasanna
As recorded by the court registry
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