PRAKASH MICHAEL Vs. BANGALORE DEVELOPMENT

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 04.01.2014 impugned at Annexure -O to the petition. The petitioner is also seeking for issue of a direction to the respondent to allot an alternative residential site in lieu of site No. 40 which, according to the petitioner, was owned by him in survey No. 79, Malathahalli, Bangalore prior to acquisition.

(2.) THE fact that the land bearing survey No. 79, Malathahalli, Bangalore was acquired for formation of extension of Sir. M. Vishveshwaraiah Layout by the respondents is not in dispute. The petitioner who owned a site in the said survey number having purchased the same under a sale deed dated 30.08.1999 is seeking for allotment of an alternative site in lieu of the site which was acquired by the respondent. The petitioner was before this Court in an earlier petition in W.P. No. 33133/2013 disposed off on 28.08.2013. This Court had directed consideration of the representation to be made by the petitioner. Pursuant thereto a representation was made and the respondents through their order dated 04.01.2014 impugned at Annexure -O has rejected the request of the petitioner. It is in that view the petitioner is before this Court.

(3.) THE respondents have filed their objection statement. It is contended that the petitioner has purchased the site in an unauthorized layout and therefore consideration for grant of alternative site would not arise. It is their further contention that even otherwise the petitioner had not made any application within time nor had he paid the amount towards registration of the application for allotment of site and therefore order at Annexure -O is justified. It is also contended that the challenge to Annexure -O without assailing the endorsement at Annexure N would not be sustainable. Hence, it is contended that the writ petition is liable to be dismissed.