ANJANAPPA, SRI VENKATESH AND SRI SRINIVAS Vs. STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT (UDD), BANGALORE DEVELOPMENT AUTHORITY, (BDA) AND LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY (BDA)

JUDGEMENT

(1.) PETITIONERS contend that their land was acquired by the State Government for the benefit of the Bangalore Development Authority (for short 'the BDA') for the formation of "Arkavathi Layout". It is also contended that they have filed representation to the State Government for deletion of the land from acquisition as per the directions contained in the decision of the Apex Court in JT (2010) 6 SC 57 . Since their representation has not been considered, they have filed these writ petitions for a mandamus directing respondent No. 1 to consider the representation in accordance with law. I have heard the learned Counsel for the parties.

(2.) ADMITTEDLY , the land in question has been acquired by the State Government for the benefit of the BDA for the formation of "Arkavathi Layout". Petitioners have to make appropriate representation to the Commissioner, BDA for deletion of the land from acquisition in terms of the decision referred to above, instead of the State Government. In an identical matter, similar view has been taken by this Court in W.P. Nos. 25064/2012 and 47846 -47853/2012 disposed on 20.03.2013. Therefore, petitioners are permitted to file an appropriate representation to the Commissioner, BDA seeking deletion of their land from acquisition within a period of six weeks from today. If such a representation is filed, BDA is directed to send its report after making spot inspection to the State Government within a period of three months from the date of receipt, of the representation. The State Government is directed to consider the representation in accordance with law. It is hereby clarified that no opinion is expressed on the merits of the matter one way or the other in this order. Writ petitions are disposed of accordingly. Learned Advocates appearing for the respondents are permitted to file their memo of appearance/vakalath as the case may be within a period of six weeks from the date of receipt of a copy of this order. No costs.