Bylamma vs State of Karnataka

A.S. Bopanna, J.—The petitioner is before this Court seeking for issue of mandamus to consider the representation dated 16.01.2014 at Annexure ''K'' to the petition. The petitioner in that regard is seeking deletion of land belonging to the petitioner from the process of acquisition.

The petitioner claims to be owner of the property bearing Sy. No. 6/7 (Old No. 6/3) measuring 0.29 guntas situated at Sampigehalli Village, Yelahanka Hobli, Bangalore North Taluk. The said land has been notified for acquisition for formation of Arkavathi Layout. The details of the several litigations relating to the said layout need not be referred since subsequently the Hon''ble Supreme Court in the case of Bondu Ramaswamy Vs. Bangalore Development Authority and Others, has considered all aspects and laid down certain guidelines. The petitioners contend, in that regard, keeping in view the fact that the petitioners'' land is developed, it was required to be deleted. Therefore, the petitioners have made a representation dated 16.01.2014 as at Annexure ''K''. The grievance of the petitioners is that the said representation has not been considered and disposed of.

The learned Counsel for the respondents points out that on consideration as per the guidelines laid down by the Hon''ble Supreme Court in respect of entire lay out has been made and subsequently, notification dated 18.06.2014 has been issued. In that view, the learned Counsel contends that the consideration of the representation dated 16.01.2014 earlier to the notification does not arise at this juncture. Hence, it is contended that the petition be dismissed.

Though the said contention is urged by the learned Counsel for the respondents, keeping in view the detailed reasons put forth by the petitioners in the representation indicating the reasons for seeking deletion of their lands from the process of acquisition, the respondents were required to consider these aspects prior to issue of the notification dated 18.06.2014. The respondents would therefore have to take note of the representation, indicate the reasons and consider the request of the petitioners and in that regard an appropriate decision is to be taken. Such decisions can be taken only if all the factual aspects is considered by the respondents. Therefore, the consideration of the representation in any event is required to be made by the respondents.

To enable such consideration, the petitioners shall now file one more copy of the representation along with all supporting documents to the 3rd respondent within two weeks from the date of receipt of a copy of this order. The 3rd respondent shall thereafter verify all aspects, take a decision on the representation of the petitioners and intimate the result of consideration to the petitioners. Such decision shall be taken in an expeditious manner but not later than two months from the date of filing a copy of the representation. Until the decision is communicated to the petitioner the status-quo existing as on today shall be maintained.

In terms of the above, the petition stands disposed of.