LAWS(KAR)-2011-11-312

C. RAMACHANDRA REDDY, S/O. LATE CHINNAPPA REDDY Vs. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE, REPRESENTED BY ITS SECRETARY AND THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BA

Decided On November 04, 2011
C. Ramachandra Reddy, S/O. Late Chinnappa Reddy Appellant
V/S
State Of Karnataka, Department Of Urban Development, Vidhana Soudha, Bangalore, Represented By Its Secretary And The Bangalore Development Authority, T. Chowdaiah Road, Kumara Park West, Ba Respondents

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.