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Judgment
Ashok B. Hinchigeri
The petitioner''s grievance is that the change of land use from industrial purpose to residential purpose is not granted in respect of 5 guntas of land standing at Survey No. 13 of Naganathapura village, Begur Hobli, Bangalore South Taluk, despite the quashing of the acquisition proceedings in their entirety by this Court, by its order, dated 30.7.2008 passed in W.P. No. 10800/2005 (LA-BDA) and other connected petitions.
Sri P. Usman, the learned counsel for the petitioner submits that in view of the quashing of the acquisition proceedings in their entirety, the respondent No. 2 is not justified in withholding the Change of land use in respect of 5 guntas of the said lands. He submits that if 5 guntas are required for the formation of the road, the respondents have to again resort to the initiation of the acquisition proceedings.
Sri A. Lokanath, the learned counsel for the respondent No. 2 submits that the 5 guntas of land in question are designated for the purpose of road formation in the revised master plan, which has come into force with effect from 22.6.2007. He submits that u/s 69(2) of the Karnataka Town and Country Planning Act, 1961, the respondent No. 2 has the right to acquire the designated land within 5 years from 22.6.2007.
On hearing the learned advocates, I dispose of this petition with a direction to the respondent No. 2 to consider the petitioner''s representation, dated 28.6.2011 (Annexure-D) for the change of the land use in respect of 5 guntas of land. It is also open to the petitioner to file the additional representation furnishing all the material particulars to the respondent No. 2 within two weeks from today. The respondent No. 2 shall consider the petitioner''s said representation, dated 28.6.2011 (Annexure-D) and the further representation, if any, within three months from today.
No order as to costs.