M. Srinivasa vs Bangalore Development Authority

A.S. Bopanna, J.—Sri B.S. Sachin, learned counsel to accept notice for respondents No. 1 and 2. He is permitted to file his vakalath in the Registry within four weeks.

The petitioner is before this Court seeking for issue of mandamus to direct the respondents to consider the representation dated 12.11.2013 and allot an alternate site as sought therein.

The petitioner claims to be the owner of a site bearing No. 17 measuring 50'' x 40'' which was formed in Sy. No. 37 of Gidadakonenahalli village, Yeshwanthpura Hobli, Bangalore North Taluk, under a registered sale deed dated 17.02.1995. The respondents while acquiring large extent of land for formation of "Further Extension of Sir M. Vishveshwaraiah Layout have also acquired the land bearing Sy. No. 37 wherein the site purchased by the petitioner is situate. Since the petitioner had not challenged the acquisition and had also taken note of the advertisement made by the respondents seeking application for allotment of alternate site, the petitioner has made such application and submitted a representation dated 12.11.2013 as acknowledged at Annexure-L. The grievance of the petitioner is that the application and the representation made by the petitioner have not been considered. It is in that view, the petitioner is before this Court.

The nature of the prayer made in the petition and the request made in the representation would indicate that the respondents would have to take note of the factual aspects herein to come to a conclusion as to whether the petitioner''s request as made is to be accepted by them. While doing so, they would also keep in view the direction issued by this Court in the case of Junjamma and Others Vs. The Bangalore Development Authority and Others, . The respondents shall thereafter take a decision on the representation of the petitioner and intimate the result of such consideration to the petitioner.

To enable consideration of such representation in a time bound manner, the petitioner shall now submit one more copy of the representation along with the supporting documents with the second respondent within three weeks from the date of receipt of a copy of this order. The second respondent shall thereafter take a decision in an expeditious manner and in any event, communicate the result of such decision to the petitioner within an outer limit of two months.

Needless to mention that if the consideration is in favour of the petitioner, the second respondent shall place the proposal before the first respondent for necessary action which shall also be considered in an expeditious manner.

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