LAWS(KAR)-2013-6-201

NARAYANAPPA Vs. COMMISSIONER

Decided On June 27, 2013
NARAYANAPPA Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) SMT . A.D. Vijaya, learned counsel takes notice on behalf of respondent. Petitioner has sought for issue of writ in the nature of Mandamus directing the respondent to consider the representation filed by the petitioner dated 25.01.2011 at Annexure D for allotment of sue in favour of the petitioner under incentive scheme framed for the benefit of land losers. The land bearing survey No. 22/3 of Konadasapura village, Bidarahalli hobli, Bangalore East Taluk, measuring 1 acre 36 guntas was lost by the petitioner in acquisition by the Bangalore Development Authority for purpose of formation of shifting of Wholesale Steel Market and establishing Iron and Steel Market. The preliminary notification was issued on 12.12.1991 and final notification was issued on 24.01.1996. The grievance of the petitioner is that though, he being the land loser, is entitled for a site under incentive scheme, the Authority has not allotted site under incentive scheme till date.

(2.) HE further submits that the State Government has issued final notification as per Annexure -B dated 24.01.1996 for extending the benefit of incentive scheme to the land losers who have lost their lands in the acquisition process by Bangalore Development Authority for shifting the Wholesale Steel Market Yard and establishing Iron and Steel Market. Thus, according to the petitioner, he is also entitled to get a site under incentive scheme as per the said notification.

(3.) SMT . A.D. Vijaya, learned Counsel for the respondent -Bangalore Development Authority submits that the representation of the petitioner will be considered on merits in accordance with law as early as possible. Having regard to the totality of facts and circumstances of the case, the Bangalore Development Authority is directed to consider the representation of the petitioner at Annexure -D dated 25.01.2011 respectively, on merits in accordance with law as early as possible, but not later than an outer limit of four months from the date of receipt of this order. Accordingly, petition stands disposed of.