PETER SONNY MASCARENHAS Vs. BANGALORE DEVELOPMENT AUTHORITY BANGALORE

JUDGEMENT

(1.) The petitioner contends that he is the owner of site Nos. 66 and 67, V.P. Khata No. 318/359, carved out of Sy. No. 50 of Ullalu Village, Yeshwanthapura Hobli, Bangalore North Taluk, having purchased the same under a deed of sale dated 17-1-1995. It is further contended that the said sites were acquired by the State Government vide preliminary notification dated 14-12-2001 and the declaration dated 30-10-2002 for a public purpose namely for the formation of Sir M. Visveswaraiah Layout by the BDA. It is further contended that the BDA gave vide publicity that the revenue site holders will be allotted an alternative site in lieu of the sites acquired by the State Government for the formation of the layout by the BDA. Therefore, the petitioner made an application as per Annexure-A, dated 16-1-2008 requesting the respondent to allot an alternative site. Since the said application has not been considered, the petitioner has filed these writ petitions for a mandamus directing the respondent to consider the said application.

(2.) I have heard learned Counsel for the parties.

(3.) The materials on record clearly show that the petitioner has filed an application seeking allotment of an alternative site on the ground that the sites belonging to him have been acquired by the State Government for the formation of Sir M. Visveswaraiah Layout. There is no reason as to why the respondent should not consider the same. Therefore, I direct the respondent to consider the application at Annexure-A, dated 16-1-2008 on its merits and in accordance with law without a period of three months from the date of receipt of a copy of this order. It is hereby clarified that this order should not be understood as expressing any opinion on the merits of the matter, one way or the other.