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Smt. Hanumakka vs The Commissioner Bangalore Development Authority T. Chowdaiah road, Banoalore-20

Karnataka High Court · Decided on 16 April 2012 · Citation: (2012) 04 KAR CK 0011

HON’BLE JUDGES
Mohan Shantanagoudar, J
CASE NUMBER
Writ Petition No. 11031 of 2012 (BDA)
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Judgment

6 paragraphs · 377 words

Mohan Shantanagoudar

1.

The petitioner has sought for A direction to the respondent to consider her representation dated 23.1.2012 vide Annexure-D for allotment of two sites under incentive scheme measuring 40" x 60'' in any other developed layout as per the recommendation of the sub-committee formed by respondent authority. The petitioner was the owner of the land bearing Sy. No. 21/12 measuring 1 acre 5 guntas Sy.No22/10 measuring 1 acres 14 guntas and Sy. No. 22/12 measuring 30 guntas, totally measuring 3 acres 9 guntas situated at Bidarahalli Hobli Bangalore East Taluk. Said land was acquired by the respondent along with other lands for the purpose of shifting of wholesale steel market Preliminary notification was issued in the year 1991 and Final notification was issued in the year 1996. Award came to be passed on 2.11,1996. Petitioner received compensation in respect of land bearing No. 22/10 and 22/12. However, she has not received compensation in respect of Sy. No. 21/12 measuring 1 acre 5 guntas. A decision is taken as per resolution Annexure-B by the respondent to allot two sites measuring 40'' x 60'' in favour of the petitioner under incentive scheme. But the said resolution Annexure-B is not implemented till this day, Thus, the petitioner made representations as per Annexure-C dated nil and Annexure-D dated 23.1.2012, but, the same are not considered till this day. Hence, this writ petition is filed.

2.

Sri. K. Krishna, learned Addl Govt. Advocate appearing on behalf of BDA submits that the allotment letters Annexures-E, F, G, H and J issued in favour of similarly situated land losers who have lost their land are withdrawn and that BDA has decided to allot sites in favour of the land losers in the same area in which the lands were situated.

3.

In view of the same, the prayer as sought for the petitioner needs to be granted.Accordingly, the following order is made:-

Respondent is directed to consider the representation Annexure-D dated 23.1.2012 filed by the petitioner, keeping in mind the resolution passed by the sub-committee of BDA date! 5.12.2011 vide Annexure-B. Consideration shall be made as early as possible, but not later than outer limit of six months from the date of receipt of this order.

Accordingly, writ petition is disposed of.