Karnataka High Court
WRIT PETITION 12737 of 2023 on 21 March 1995
Digitally signedby ROOPA R ULocation:HIGH COURTOF
KARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24[TH] DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
-WRIT PETITION NO. 12737 OF 2023 (LABDA)
BETWEEN:
1. SRI SHAMBHULINGAPPA S/O LATE CHIKKAKUSAPPA, AGED ABOUT 68 YEARS, NO.86, 22 CROSS, 22 MAIN ROAD, DEVAKI KUMARA GARDEN, MARENAHALLI, VIJAYANAGARA, BENGALURU-560 040.
…PETITIONER
(BY SRI. VEERABHADRAIAH M C, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY BY ITS URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR.AMBEDKAR VEEDI, BENGALURU-560 001. BY ITS URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR.AMBEDKAR VEEDI, BENGALURU-560 001.
2. BENGALURU DEVELOPMENT AUTHORITY (BDA) REPRESENTED BY ITS COMMISSIONER, KUMARA PARK WEST EXTENSION, T CHOWDAIAH ROAD, BENGALURU-560 020. REPRESENTED BY ITS COMMISSIONER, KUMARA PARK WEST EXTENSION, T CHOWDAIAH ROAD, BENGALURU-560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY , KUMARA PARK WEST EXTENSION, T CHOWDAIAH ROAD, BENGALURU-560 020. BENGALURU DEVELOPMENT AUTHORITY , KUMARA PARK WEST EXTENSION, T CHOWDAIAH ROAD, BENGALURU-560 020.
…RESPONDENTS
(BY SMT.B.SUKANYA BALIGA, AGA FOR R1;
SRI H.DEVENDRAPPA, ADVOCATE FOR R2 AND R3)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS FOR ALLOTMENT OF AN ALTERNATIVE SITE IN FAVOUR OF THE PETITIONER IN ANY SUBSEQUENT LAYOUT OF BDA INSTEAD OF 2.2 GUNTAS OF THE SY NO.30 SITUATED AT RAMASANDRA VILLAGE, KENGERI HOBLI, VISHVESHWARAIAH LAYOUT, SECOND BLOCK, BENGALURU.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner is before this Court seeking issue of writ of mandamus directing the respondent-BDA for allotment of alternative site in favour of the petitioner in any subsequent layout formed by the respondent-BDA in lieu of to 2.2 guntas of land Sy.No.30, situated at Ramasandra Village, Kengeri Hobli, at Sir M.Vishweshwarayya Layout, II Block, Bengaluru.
2. Case of the petitioner is that he had purchased above 2.2 guntas of land from its erstwhile owner Smt.P.N Kanthamma, in terms of deed of sale dated 21.03.1995 ever since then, the petitioner has been in possession of the property as owner. That the said land has been acquired by the respondent-BDA for formation of Sir M.Vishweshwarayya Layout. That some of the revenue site owners had approached this Court questioning the acquisition, the Division Bench of this Court by its Order dated 19.02.2010 passed in W.A.No.29/2007 had issued certain direction to allot alternate site. Petitioner being similarly situated made request for alternate sites or re- conveyance of his site. Respondent-BDA has neither given compensation nor the alternate site, though it has utilised the site of the petitioner for formation of the road to Sir M.Vishweshwarayya Layout. Petitioner made representation on 12.06.2019 and also issued a legal 23.03.2020, no action has been taken. Hence, the petition.
3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law.
4. Hence, following;
ORDER
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1. Petition is disposed of.
2. The respondent-BDA shall consider the representation dated 12.06.2019 as per Annexure-H of the petition for the purpose of allotment of representation dated 12.06.2019 as per Annexure-H of the petition for the purpose of allotment of alternative site after giving an opportunity of personal hearing to the petitioner and thereafter if the petitioner is found eligible appropriate orders shall be passed in accordance with law.
3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order.
Sd/- (M.G.S. KAMAL) JUDGE
RL
List No.: 2 Sl No.: 173
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