HUMAYUN BANO Vs. BENGALOORU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner is before this Court seeking for issue of mandamus to the respondent to allot the alternate site bearing No.581, Koramangala, 6th block, Bengalooru, in lieu of site bearing No.329, Hebbal Gangenahalli Extension, Bengalooru, which has been allotted in favour of the petitioner.

(2.) HEARD the learned counsel for the parties and perused the petition papers.

(3.) 11.1976 was executed and a possession certificate dated 13.01.1977 was issued, had also kept in view the contention put forth on behalf of the respondent. It had been contended that the petitioner is likely to have allowed the third party to take possession of the property and as such if there is any encroachment on the site, the petitioner should remain responsible for the same and seek possession of the site in accordance with law. This Court on taking note of these aspects of the matter was of the view that in any event, the petitioner would be entitled to the execution of the sale deed as the initial formalities had been completed by the respondent. In that circumstance, the respondents have executed the sale deed dated 03.11.2011. The very same site bearing No.329 has been conveyed under the said document. 4. Though this is the accepted position, the petitioner is before this Court in the instant petition calling for a direction to grant alternate site, in view of the developments that has come to the knowledge of the petitioner on obtaining the documents under the Right to Information Act. In that view, it is contended that the site bearing No.329 is situate in Sy.No.37. It is pointed out that a large extent of land in the said survey number was de-notified by issue of notification dated 01.08.1964 as at Annexure-N. It is therefore contended that the site which has been allotted to the petitioner and conveyed under the said sale deed would not be available for enjoyment by the petitioner since the said site is situate in Sy.No.37, which has been de-notified. It is in that circumstance, the petitioner is presently seeking for the relief to grant her the alternate site.