Sri. M.P. Gundappa vs State Of Karnataka on 24 November, 2020

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Karnataka High Court

Sri. M.P. Gundappa vs State Of Karnataka on 24 November, 2020

Bench: S.R.Krishna Kumar

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

     DATED THIS THE 24 TH DAY OF NOVEMBER 2020

                        BEFORE

     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

        WRIT PETITION No. 52137 OF 2016(BDA)
BETWEEN:

SRI. M.P. GUNDAPPA
AGED ABOUT 66 YEARS,
S/O LATE PUTTASHAMAIAH,
R/AT MALLATHAHALLI VILLAGE, AND POST,
YESHWANTHAPURA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE 560072

REPRESENTED BY HIS G P A HOLDER
SRI SHABUDDIN H
AGED ABOUT 39 YEARS,
S/O LATE HUSSEN SAB,
NO.165/7,SIR M V LAYOUT, 4TH BLOCK,
ULLAU BASTI VILLAGE,ULLAU POST,
BANGALORE 560 056.
                                         ...PETITIONER
(BY LOHITASWA BANAKAR, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       HOUSING AND URBAN DEVELOPMENT DEPARTMENT
       NO.437, 4TH FLOOR, VIKASA SOUDHA
       DR AMBEDKAR VEEDHI
       BANGALORE 560001
       REPRESENTED BY ITS SECRETARY.

2.     BANGALORE DEVELOPMENT AUTHORITY
       T CHOUDAIAH ROAD
       KUMARA PARK WEST
       BANGALORE 560020
       REPRESENTED BY ITS COMMISSIONER
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3.   THE DEPUTY COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY
     T CHOUDAIAH ROAD
     KUMARA PARK WEST
     BANGALORE 560020

4.   THE ADDITIONAL LAND ACQUISITION OFFICER
     BANGALORE DEVELOPMENT AUTHORITY
     T CHOUDAIAH ROAD,
     KUMARA PARK WEST
     BANGALORE 560 020.

5.   THE SECRETARY
     BANGALORE DEVELOPMENT AUTHORITY
     T CHOUDAIAH ROAD
     KUMARA PARK WEST
     BANGALORE 560 020.

6.   THE DEPUTY SECRETARY
     BANGALORE DEVELOPMENT AUTHORITY
     T CHOUDAIAH ROAD
     KUMARA PARK WEST
     BANGALORE 560 020.

7.   THE ENGINEERING MEMBER
     BANGALORE DEVELOPMENT AUTHORITY
     T CHOUDAIAH ROAD
     KUMARA PARK WEST
     BANGALORE 560 020.

                                          ...RESPONDENTS
(BY SRI. T.P. SRINIVASA, AGA FOR R-1
    SRI. K. KRISHNA, ADVOCATE FOR R-2 TO R-7)

      THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO ALLOT LAND/ SITE IN FAVOUR OF THE
PETITIONER, IN LIEU OF UTILIZATION OF HIS LAND BEARING IN
SY.NO. 42/87, MEASURING 18.50 GUNTAS SITUATED AT
MALLATHAHALLI      VILLAGE,   YESHWANTHAPURA       HOBLI,
BANGALORE NORTH TALUK, FOR HT ETUNE OF 100% OF THE
ALTERNATE LAND, AS ORDERED IN W.P.NO. 45695/2011 (BDA)
DAED: 26.07.2012 PASSED BY THIS HON'BLE COURT VIDE
ANNEXURE- G AND ETC.

    THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
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                               ORDER

In this petition, petitioner has sought for the following reliefs:-

"1.Issue a Writ of mandamus, directing the Respondents to allot land /site in favour of the petitiner , in lieu of utilization of his land bearing in Sy No. 42/87, mesuring 18.50 Guntas, situated at Mallathahalli Village, Yashwanthapura Hobli, BAngalore North Taluk, for the tune of 100 % of alternate land, as ordered in W.P.No. 45695/2011 (BDA) dt: 26.07.2012 passed by this Hon'ble Court, which is produced at Annexure-G to the writ petition.

2.Issue a Writ of Mandamus, directing the Respondents to allot 100 % of alternate land/ site to the measurement of 18.50Guntas of developed land in favour of the Petitioner and to pay special damages for unauthorized utilization.

3.Issue a Writ of Mandamus directing the Respondents -BDA to allot the land / sites formed by them as alternate 100 % of allotment or in the alternative, direct the Respondents to pay the compensation as per the Amended Land Acquisition Act.

4. Pass such other orders, as the Petitioner are entitle to in the facts and circumstances of the case, including the cost of the proceedings, in the interest of the justice and equity."

2. After arguing the matter for some time, learned counsel for the petitioner requests this Court to treat the petition as well as Annexures appended thereto as representation to the respondents-BDA who is to be directed to consider and pass appropriate orders on the same within a limited time frame. The said submission is placed on record.

3. Accordingly, the petition is disposed of directing the petition along with annexures to be treated as representation and by further directing the BDA to address the grievance of the petitioner and pass appropriate orders on the same within a period of two months from the date of receipt of a copy of this order. In order to facilitate the expeditious consideration of the grievances of the petitioner, petitioner is also at liberty to submit additional representation along with additional documents if any to the BDA within a period of two weeks from the date of receipt of a copy of this order.

Sd/-

JUDGE Srl.

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