Smt. Kanthamma vs Bangalore Development on 18 December, 2020

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Karnataka High Court

Smt. Kanthamma vs Bangalore Development on 18 December, 2020

Bench: S.R.Krishna Kumar

                        1




IN THE HIGH COURT OF KARNATAKA, BENGALURU

 DATED THIS THE 18TH DAY OF DECEMBER 2020

                     BEFORE

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

     WRIT PETITION NO.15085 OF 2020 (BDA)

BETWEEN:

SMT. KANTHAMMA
AGED ABOUT 65 YEARS
D/O LATE LAKSHMAIAH
R/AT 03, INDIRA
PRIYADARSHINI COLONY
ARAKERE, BANNERGATTA ROAD
BENGALURU - 560 076                   ... PETITIONER

(BY SRI. LOHITASWA BANAKAR, ADV.)

AND:

1.     BANGALORE DEVELOPMENT
       AUTHORITY, T. CHOWDAIAH ROAD
       KUMARA PARK WEST
       BENGALURU - 560 020
       REP. BY ITS COMMISSIONER

2.     THE ADDITIONAL LAND
       ACQUISITION OFFICER
       BANGALORE DEVELOPMENT
       AUTHORITY, KUMARA PARK
       WEST, BENGALURU - 560 020    ... RESPONDENTS

(BY SRI. C. RAMAKRISHNA, ADV.)

     THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE
BANGALORE DEVELOPMENT AUTHORITY TO ALLOT
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LAND OR TDR (DEVELOPMENTAL RIGHTS) OR
DEVELOPED LAND IN LIEU OF COMPENSATION AS PER
THE MARKET VALUE OF THE LAND OF THE PETITIONER,
IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

     THIS W.P.         COMING ON FOR PRELIMINARY
HEARING THIS           DAY, THE COURT MADE THE
FOLLOWING:-

                              ORDER

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

"a) Issue a writ of mandamus directing the Bangalore development Authority to allot land or TDR (Developmental Rights) or developed land in lieu of compensation as per the market value of the land of the petitioner, in the interest of justice and equity.

b) Issue any other writ or order directions, as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of 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 3 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 MH/-

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Karnataka High Court