S. NAGARATHNA Vs. BANGALORE DEVELOPMENT AUTHORITY, BANGALORE

JUDGEMENT

(1.) Petitioner has sought for a direction to the respondents to consider the representation dated 28-11-2011 vide Annexure-L. By filing the said representation, the petitioner has prayed for an allotment of alternative site in his favour in BTM Layout, Bangalore or in HSR Layout, Bangalore, measuring 60' x 40'. Learned Counsel for the petitioner submits that he is entitled to get the relief in view of the judgment of this Court in the case of Chairman, Bangalore Development Authority v. Smt. Radha Bai and Others, 2001 ILR(Kar) 416.

(2.) Records reveal that the petitioner is stated to have purchased the site formed in Sy. Nos. 12/5 and 14/6 of Tavarekere Village, Bangalore South Taluk. Said lands were acquired for formation of BTM layout. The petitioner and other site owners filed W.P. Nos. 30571 to 30594 of 1982. The said writ petitions came to be allowed directing the respondents to consider the prayer of the petitioners therein for grant of alternative site under Rule 2(4) of the Bangalore Development Authority (Allotment of Sites) Rules, 1984. According to the petitioner, she has filed Form 2 within four weeks as directed by this Court in W.P. Nos. 30571 to 30594 of 1982 and has paid an amount of Rs. 8,400/- being the amount towards allotment of site. Grievance of the petitioner is that though the prayers of certain other people like Kamalamma, N.V. Ranganath Rao are considered and the prayer of the petitioner is not yet considered till this day. Hence, this writ petition is filed.

(3.) The question involved in this writ petition is squarely covered by the decision of this Court passed in W.P. No. 28388 of 2009, disposed of on 20-9-2011 (N.V. Ranganatha Rao v Bangalore Development Authority, Bangalore and Another), vide Annexure-K In the said judgment, this Court has concluded thus: