1
IN THE HIGH COURT OF KARNATAKA, BANQA:-ORE
DATED Tms THE 32TH DAY 012' DECEMB;§Efi,::'§2»?36S"
B}3)FORE~~
THE fi0N'BLE MR. JUSTICE 7'.¥_XJi'T _
WRIT PE'm':0N No'8 1"a3 of 20o3%'(13.I:§.'A;)'
BETWEEN: V' ' :
1 H s PRAKASH '
3/0 H NASRINIAVAS
AGE 59 %
Vim 339'0;1a}3V, I--..1_3'L§3OR.,._H_
CHESS, EIENEAIN, R P C LAYOUT
%HAMP;NAi3.ART, BANGALORE 560040
... PETITIONER.
(13.3; &_.RAVI, ADV. )
"
* fiAi~:ig';é;LQRE DEVELOPMENT AUTHORFFY
T'CH{)WDAIAH ROAD
~. MJMARA PARK WEST, BANGALORE 20
REP BY ITS COMMISSIONER
. .. RESPONDENT.
~~ (By Sri K KRISHNA, ADV. )
THIS WP FILES) UNDER ARTICLES 226 OF THE
CONSTITUTIGN, PRAYING TO DIRECT THE
RESPONDENT TO ALLOT AN ALTERNATIVE’ SITE TO
THE PEETFIONER IN LIEU 013$ ..QL_D ggr;~;g;1&%ii’1y;c5;’45A.V%”‘ A
SY.NC).41/1 AND 42/6 OF :THE”THEN*V.YEVDIY’L3R”
VILLAGE, U’I”I’ARAHALLI “gt-ioiyam, ‘=B’1QAGLmREi
SOUTHY TALUK ACQUIRED’ BY T;~«IE RES–PONDE’N’i”S
MEASURING 50 X 60 .I_N~.._ BANA_SHAI’s¥_D*.._ 2ND’-
STAGE/JAYANAGAR/J.P.NAGA_R OR ?>IE§AR BY AREA
AT THE OLD ALLoTMEN’r%z2ATE”–».QIr Rs.16..v’PER SQ
YARD BY ALLOWIN_G”«. THIS. A PETYFION AND
IMPOSE EXEMPLARY <:;Qs'r- .3912 THE MENTAL AGONY
AND CORRESPONDENCE 'FOR THE;PAST' 40 YEARS.
THIS 13:3-1%;é.i:)N*ccat»:'iNG:ONxmR ORDERS mxs
DAY, THE f3:{*:I}Rfif 1?QI,LOWING:
D
I:'§vg=:1":¢.'_ is listed for orders, with
consent, it "is t'ak e';T1 '1"c5n1V" fina} disposal.
2. 3 Tim petifioner claims that he is the absolute ewner
bearing site No. 45 in Sy. Nos. 41/1 and
A LE4 village ad measuring 50’x60′. The ciaim
V –V of “.iihfc””v V;.)ét:§tioner is that he purchased the same
to a regstered sale: deed dated 14.10.1964.
” it to say that the said land is acquired by the
” mfespondents for the purpose of formation of
Banashankari Layout. The petitioner in the first
%/
instance filed writ petition in W.P. Nos. 606 and of
1965. The said writ petitions were
27.7.1967 on the basis of the memo
filed by the Advocate for the
consequence of resolution D V ~ ilaveii ‘ F. L
on 7.7.1967 the petitioner On V’
the basis of the ._ ‘iietiiion was
resoiution passed by
the iifesfiondentsi have issued a
comn_2u11ieés.-tio’i”:,VV’v-_a flcepy of which is produced at
” _Aniiexzga.:’e–~$ dafed’***i4.7.1976 aliotting a site in favouyof
__t;i;e ” “£111 lieu of the revenue site which was
eCqi:iired.’:fiy’:; them. Indeed a perusal of the said
V’-».co1n1IiL;i”iicau’on would disclose that the petitioner was
V.”V’.aesiii’ed that he would be allotted a site as the old
V’ .-/flay;
_,,_a;ilotznent rate. The grievance is that nothing «ales been
‘V done so far. Hence, this writ: petition.
3. Learned counsel appearnlg… for ” n V’
submits that pursuant to the
petitioner has also filed an he ” L’
or his wife or any of hisdepeneient'”ehil(n’e11~ete;:§de not
have any site or house’ Metropolitan
area. he submits
that nofl1mg”hté;sV is ‘
4. counsel was directed to
take notice’ ‘}r1s;s_ »’entersd appearance.
: jaiatter is taken up, Mr. Krishna has
1ns€Ee’VVavailsi§j.eV: the resolution passed by the respondent
“i:1_iiiieating that the petitioner would be provided
v}_it11_s;1 alternate site.
Indeed the question would be What is the price to
be paid by the petitioner in respect of alternate site.
Indeed the respondents have bound themselves by the
communication at Annexure–E ghat they’ a11o€;_ ax
site at the old aliotment rates.
7. Having regard fto oréer is passed: V A H
Writ «::..si;%;§s.g)ondcnts shail
ailot an ifassoiuflon within six
weeks” s3l§5m’1i;nt shall be at the old
a110t:sii:z%:I”1:t:_ by the respondents at
AEn€’xu£e;4E.V.ss . _
‘ Evie is issi1’s€;’a1″1d made absolute.
Sdli
judqé