SRI. RAJAGOPALA NAIDU.,ADVOCATE) v. Karnataka

SMT. SUSHEELA COLUMBUS W/O MR. COLUMBUS, AGED ABOUT 65 YEARS, RESIDING AT NO.87, IYYAPPA GARDEN, SHANTHINAGAR, BENGALURU-560 027. (BY SRI. PRASHANTH N. RAJ., ADVOCATE FOR SRI. RAJAGOPALA NAIDU.,ADVOCATE) …PETITIONER AND: THE COMMISSIONER THE BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. (BY SRI. SURAJ PATIL.,ADVOCATE) Digitally signed by SUMA B N Location: High Court of Karnataka …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DATED 07.06.2016 AS PER ANNEXURE-J ISSUED BY THE R-1 REFUSING TO INCLUD THE LEFT OUT AREA IN THE LETTER OF ALLOTMENT DATED 26.03.1990 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 2 - NC: 2025:KHC:5447 WP No. 43317 of 2016 ORAL ORDER Case of the petitioner is that his mother was apparently in possession of a portion of the property at Akkithimmanahalli village, Civil and Military Station, Bengaluru, measuring 1240 sq.ft. and that under a scheme for resettlement of slum dwellers she was allotted a site measuring 20 feet x 20 feet in terms of a letter of allotment dated 26.03.1990 produced at Annexure-A. That petitioner had made a request to the respondent-BDA carryout corrections measurement of the site in the said allotment letter taking into consideration the actual extent of land in possession of the petitioner which is declined by respondent -BDA by issuing a communication on the premise that the excess land which is in possession of the petitioner cannot be allotted as there is neither a provision under law nor any scheme providing for the same.

Being aggrieved by the same, the petitioner is before this Court seeking following reliefs. "(i) Issue a writ of certiorari quashing the impugned dt:07/06/2016 as per Annexure-J issued by the 1st respondent refusing to include the left out area in the letter of allotment dt:26/03/1990; - 3 - NC: 2025:KHC:5447 WP No. 43317 of 2016 Issue a writ of mandamus directing the (ii) respondent BDA to correct the measurement of letter of allotment as per "Annexure-J" in respect of Site layout showing the existing Akkithimmanahalli measurement as East to West: (9.10+8.90)/2 Metres and North to South: 12.80 Metres and to order for execution of the sale deed; Sy.No.39 formed No.87 (iii) Issue such other writ, order or injunction or relief that this Hon'ble Court deems fit to grant in the facts and circumstances of the case including the order as to costs".

After arguing the matter for some time learned counsel for the petitioner submits respondent-BDA be directed to consider the request for regularization of possession of the petitioner terms of Section 38D of the Bangalore Development Authority Act, 1976 then the purpose of filing the petition would be served.

In response, counsel for the respondent-BDA submits if representation is made by the petitioner same would be considered in accordance with law, given some time.

Submission is taken on record.

Now in view of the above submission made by learned counsel for the petitioner intending to pursue remedy seeking regularization of the occupation of the property in - 4 - NC: 2025:KHC:5447 WP No. 43317 of 2016 excess of the site allotted as per Annexure-A and in view of submission made by the counsel for the respondent-BDA, that the same would be considered in accordance with law, petition is disposed of with the following directions; (i) Petitioner is at liberty to submit a fresh representation in terms of Section 38D of the BDA Act, 1976 in a prescribed format within a period of thirty (30) days from the date of receipt of certified copy of this order. (ii) Respondent-BDA shall conduct enquiry and after affording sufficient opportunity petitioner, pass appropriate orders strictly as contemplated under Section 38D of the BDA Act, 1976 within an outer limit of 12 weeks from the date of submission of the said representation. SD/- (M.G.S. KAMAL) JUDGE RU