1

IN THE HIGH COURT OF AT

DATED THIS THE 10 TH DAY OF AUGUST 2012

BEFORE

THE HON’BLE MR.JUSTICE RAM MOHAN REDDY

WRIT PETITION NOS. 9393-97 OF 2011 & 23602 – 651 OF 2011 (LB-BMP)

BETWEEN

1. M RAMADEVI AGED 42 YEARS, D/O MOHAN RAM, 630, 7TH MAIN ROAD, 2ND CROSS, IIND STAGE, BANGALORE.

2. N.V. DEVARAJ, AGED 48 YEARS, S/O N.V. VENKATESH, B-NO.1, H-NO.30, TIN SHED, E.W.S.QUARTERS, , BANGALORE-560047.

3. VANATHAYAN, AGED 45 YEARS, S/O JAGANNATHAN, NO.1294. K.K. HALLI, RAMDEV GARDEN, ST. THOMAS TOWN, BANGALORE-84.

4. SAMIULLA, AGE 51 YEARS L.R OF DILSHAD(EXPIRED), EWS QUARTERS COMPOUND, , BANGALORE. 2

5. M. SAMPANGI, AGED 37 YEARS, W/O LATE M. MUNISWAMY, 281, K.S. GARDEN, LALBAGH ROAD, 4TH CROSS, BANGALORE-27.

6. V. SALEEM, AGED 52 YEARS, S/O ABDUL LATHIF, REP. BY ZEENATHUNNISA, AGED 45 YEARS, W/O V. SALEEM, 1SRT FLOOR, NO.68, 3RD CROSS, H.B.R. LAYOUT II STAGE, VENKATESHPURA, BANGALORE-45.

7. LALITHA, AGED 39 YEARS W/O CHIKKAPPA, MILLER TANK BUND ROAD, , BANGALORE. REP. BY GPA HOLDER ABDUL JAVEED, EWS QUARTERS COMPOUND, EJIPURA, BANGALORE-47.

8. P. NAGOMI CHRISTINA, AGED 36 YEARS, D/O PURUSHOTHAM(EXPIRED) B-NO.1, F-NO.10, E.W.S. QUARTERS, KORAMANGALA, BANGLAORE-47.

9. S.R. CHANDRA, AGED 61 YEARS, S/O LATE RAGHAVA, NO.7, SHRIF NAGAR, SC ROAD, YESHWANTHAPURA, BANGALORE. REP. BY GPA HOLDER P. SAROJA, AGED 60 YEARS, W/O PURUSHOTHAM(EXPIRED) B-NO.40, H-NO.2, E.W.S. QUARTERS, KORAMANGALA, BANGALORE-560 047.

10. ANTHONIAMMA, AGED 56 YEARS, W/O M.S. NATHAN(LATE) NO.7, RICHMOND TOWN, BALDWIND BOYS HIGH SCHOOL QUARTERS, 3

BANGALORE.

11. SHANTH BAI, AGED 63 YEARS, W/O BAPU RAO, HONNADEVINILAYA, PUNYA DEVI LAYOUT, PADMABHUSHANA DR. RAJKUMAR ROAD, KALKERE, BANGALORE.

12. P. SHAMALA, (DELETED VIDE C.O. DTD.18.9.11)

13. GAYATHRI BAI, AGED 59 YEARS, W/O N. VENKATESH RAO, 313, KUVEMPU NAGAR, EAST, BANGALORE-14.

14. SANTHANAM, AGED 54 YEARS, S/O NO.4, PATEL SHAMANNA BLDG, 8TH BLOCK, KORAMANGALA, BANGALORE, REP. BY GPA. HOLDER, SAVARIAMMAL, AGED 37 YEARS, W/O LATE K.C. RAYAPPAN, 24TH CROSS, L.R. NAGAR, VIVEKNAGAR POST, BANGALORE-47.

15. RAMU, AGED 57 YEARS, S/O LATE GOVINDA SWAMY, NO.19, BLOCK 34, EWS QUARTERS, BANGALORE. REP. BY GPA HOLDER, SHANTHI, AGED 38 YEARS, W/O ANANDAN, NO.34, 2ND CROSS, N. LAKSHMANRAO NAGARA, BANGALORE-47.

16. AMSAVENI, AGE 38 YEARS NO.17/1, GOWTHAM PURAM, 15TH CROSS, , BANGALORE. REP. BY GPA HOLDER, REGINE SATHY, AGED 48 YEARS, W/O J. SATHYA SEELAN, 4

NO.1174, B-NO.31, 3RD FLOOR, , B.D.A FLAT, BANGALORE-47.

17. KRISHNAPPA, AGED 47 YEARS, S/O LATE MUNISWAMY, NO.42, 6TH CROSS, , BANGALORE. REP. BY GPA HOLDER, K. KANAGARAJ, AGED 35 YEARS, S/O KARUPPAYYA, NO.1493, B.D.A, 3RD STAGE, NEELASANDRA, BANGALORE-47.

18. P.G. JOHN, AGED 49 YEARS, S/O GEORGE, NO.25/1, NATHNATHPURA VILLAGE, HOSA ROAD, POST, BANGALORE-100.

19. PREMA T AGED 45 YEARS, W/O LATE T ESWARA RAO, HOUSE NO. 10, BLOCK NO. 30, E.W.S. QUARTERS, KORAMANGALA, BANGALORE.

20. V. FLORA, AGED 46 YEARS, W/O MR. PATRICK, C/O T.S. NAGARAJAN, 717, C.M.H. ROAD, , BANGALORE-38.

21. V. J. THRESA, AGED 70 YEARS, W/O GEORGE, K.S.H.A. STADIUM, OPP. SUKHIA APT. RICHMOND TOWN, BANGALORE-25.

22. K. SELVA RAJ, AGED 52 YEARS, S/O ARJUN, NO.138/1, SEPPINGS ROAD, BANGALORE-1. REP. BY GPA HOLDER, ALEXANDER, AGED 40 YEARS, S/O C.S. PAUL, H.NO.3, I FLOOR, NARAYANAPPA COMPLEX, 5

KUNDENAHALLI, BANGALORE-37.

23. M. VENKATESH, AGED 36 YEARS, S/O MARAPPA, BLOCK NO.15, HOUSE NO. 13, E.W.S. QUARTERS, KORAMANGALA, VIVEKNAGAR POST, BANGALORE-47.

24. KANNAMMA, AGED ABOUT 39 YEARS EWS QUARTERS COMPOUND, EJIPURA, BANGALORE.

25. N. RAMANATHAN, AGED 58 YEARS, S/O NATARAJAN, NO.221, ANGENAIYA TEMPLE STREET, BANGALORE-47. REP. BY GPA HOLDER, JANESHWARI, AGED 35 YEARS, D/O AROKIADAS, NO.16, BLOCK 1, EWS TIN SHED, VIVEKANAGAR POST, BLORE-47.

26. G. KANAIAH, AGED 58 YEARS, S/O LATE GOVIND SWAMY, NO.3, KALIAMMAN TEMPLE ROAD, ULSOOR, BANGALORE. REP. BY GPA HOLDER M VIJAYARANI AGED ABOUT 37 YEARS W/O. V P MANI(EXPIRED) No.530/1 K.S.GARDEN, 3 RD CROSS LALBAGH ROAD BANGALORE-560 027.

27. P.S. CHINNATHAMPI, AGED 49 YEARS, S/O SATHYAN, NO.10 B STREET, ARAB LANE, BANGALORE-25.

28. D. BHARATHI, AGED 43 YEARS, W/O D. VENKATARAMAN, NO.28/2, BASAR STREET, BANGALORE. 6

REP. BY GPA HOLDER, SHASHIKALA, AGED 30 YEARS, W/O MANOHARAN M, EWS COMPOUND TIN SHED, EJIPURA, BANGALORE.

29. M. MAYIL VELU, AGE 47 YEARS NO.64, 2ND BATTERY, PIN SEN. LINE, P.K. R. NAGAR, MAYA BAZAR, BANGALORE.

30. ZEENATHUNISSA, AGED 52 YEARS, W/O MOHAMED HUSSAIN, NO.67, SULTHAN NAGAR, BANGALORE. REP. BY GPA HOLDER, NOOR FATHIMA, AGED 45 YEARS, W/O M. NAZEER, NO.29, 2ND CROSS, MUNISWAMAPPA LAYOUT, HITHAYATH NAGAR.

31. GANGAMMA, AGED ABOUT 57 YEARS NO.1442, 12TH CROSS, RAMAKRISHNA HEGDE NAGAR, ARABIC COLLEGE POST, BANGALORE.

32. C. PADMAVATHI, AGED 48 YEARS, W/O THIRUMALA SETTY, NO.9, 2ND CROSS, VIVEKANAGAR, BANGALORE-47.

33. P. MURUGAN, AGED 43 YEARS, S/O PARASURAMAN, B-NO. 34, H-NO.12, E.W.S. QUARTERS, KORAMANGALA, BANGALORE-47.

34. MUNIAN P, AGED 50 YEARS, S/O PERIYATHAMBI, NO.279, LALBAGH ROAD, 7

K.S. GARDEN, BANGALORE-27.

35. MARIYA LILLY PUSHPAM, AGED 54 YEARS, W/O IRUDANADAN, NO.49, 5TH CROSS, AYYAPPA TEMPLE LANE, VANNARPET, VIVEKNAGAR, BANGALORE-47.

36. SUBRAMANI, AGED 54 YEARS, S/O MARAPPA, R/AT NO. 59, COLES ROAD, FRAZER TOWN, BANGALORE. REP. BY GPA HOLDER, V. MAHESHWARI, AGED 47 YEARS, W/O VIJAY MATHU, B-NO. 30, H-NO.3, E.W.S. QUARTERS, KORAMANGALA, BANGALORE-560 047.

37. MUNIYAMMA, AGED 48 YEARS, W/O THIMARAYAN, M T BUND ROAD, VASANTH NAGAR, BANGALORE. REP. BY GPA HOLDER, C. RAJA, AGED 30 YEARS, S/O C. CHINNA KOLANTHAI. B-NO.1, H-NO.8, E.W.S.QUARTERS, KORAMANGALA, BANGALORE-47.

38. S. RAJASHEKAR, AGED 41 YEARS, S/O SWAMY, E.W.S. QUARTERS, VIVEKNAGAR P.O, KORAMANGALA, BANGALORE-47.

39. MUNISWAMY, AGED 48 YEARS, S/O MUNIAPPA, BLOCK NO.32, FLAT NO. 19, MILLER TANK, BUND SHED, VASANTHNAGAR, BANGALORE-52.

40. CHANDRAMMA, AGED 46 YEARS, W/O N. NANJUNDAPPA, NO.43, MARAMMA TEMPLE ROAD STREET, 8

PARVATHI PURAM, BANGALORE. REP. BY GPA HOLDER, S. SHIVAGAMI, AGED 57 YEARS, W/O SRINIVASAN, NO.109, 2ND MAIN ROAD, RUDRAPPA GARDEN,

41. MOHAN SINGH, AGED 51 YEARS, S/O GOWARDHAN SINGH, MILLER TANK BUND ROAD, VASANTHNAGAR, BANGALORE.

42. M. KUMAR, AGED 47 YEARS, S/O M.G. MUNISWAMY, P.W.D. QUARTERS, WILSON GARDEN, BANGALORE.

43. RAVI SHANKAR, AGED 40 YEARS, S/O VISHWANATHAN, BLOCK NO.8, HOUSE NO.4, EWS QUARTERS, BANGALORE. REP. BY GPA HOLDER, M.G. JAYANTHI, AGED 43 YEARS, W/O M. KUMAR, NO.8, II CROSS, VINAYAK NAGAR, BANGALORE.

44. T.S. UMA RANI, AGED 40 YEARS, D/O MUNINAGA REDDY, NO.2000/4, HONGA SANDRA, CROSS, BANGALORE, REP. BY GPA HOLDER, K. JYOTHI, AGED 32 YEARS, W/O SARAVANA KUMAR, C.P.W.D. QUARTERS, NO.132, BLOCK-4,

45. ABDUL SATAR, AGED 54 YEARS, S/O SATAR, NO.130 C EAST STREET, SHANTI NAGAR, BANGALORE. REP. BY GPA HOLDER, M.S. REGINA XAVIER, 54 YEARS, W/O XAVIER, NO.1, MUNIMARAPPA STREET, A.T. HALLI, SHANTINAGAR, BLORE 9

46. JAIPAL A. AGED 57 YEARS, W/O RAJENDRAN, EWS COMPOUND TIN SHED, EJIPURA, BANGALORE.

47. MAILA, AGED 51 YEARS, W/O RAJENDRAN, EWS COMPOUND TIN SHED, EJIPURA, BANGALORE.

48. MUBENA BEGUM, AGED 37 YEARS, W/O SYED ALI, NO.214, KALASIPALYA MAIN ROAD, BANGALORE. REP. BY GPA HOLDER. J. LEELA, AGED 51 YEARS, W/O JAIPAL, EWS COMPOUND TIN SHED, EJIPURA, BANGALORE.

49. KAMALA BHAI, AGED ABOUT 65 YEARS W/O KRISHNARAJ BIST, MILLER TANK BUND ROAD, VASANTHNAGAR, BANGALORE.

50. K. BHASKARAN, AGED 42 YEARS, S/O KRISHNAN, E W S QUARTERS, VIVEKNAGAR POST, KORAMANGALA, BANGALORE.

51. M. SAMPANGI RAMASWAMY, AGED 43 YEARS, S/O ANJENEYALU, NO.81, 10TH CROSS, SONNENAHALLI, VIVEKNAGAR POST, BANGALORE.

52. AMEENABI, AGED 60 YEARS, W/O A. UMMER, B-3, FLAT-I, E.W.S. QUARTERS, KORAMANGALA, BANGALORE.

53. M. SUBRAMANI, AGED 50 YEARS, S/O MUNISWAMI, 10

NO.182, K.S. GARDEN, LALBAGH ROAD, I CROSS, BANGALORE.

54. K. SELVARAJ, AGED 49 YEARS, S/O K. KRISHNA, NO.2, ANJENYA TEMPLE, VIVEKNAGAR POST, VANNARPET, BANGALORE.

55. CHANDRAMMA, AGED ABOUT 60 YEARS MAJOR, MILLER TANK BUND ROAD, VASANTH NAGAR, BANGALORE. REP. BY GPA HOLDER, CHANDRIKA N.R. NO.21, 2ND CROSS, VIVEKNAGAR, BANGALORE-47. ... PETITIONERS

(By Sri. B C THIRUVENGADAM, ADVOCATE)

AND

1. STATE OF KARNATAKA THROUGH ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT, BANGALORE.

2. BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE. REP. BY ITS COMMISSIONER. ... RESPONDENTS

(By Sri. N B VISWANATH, AGA FOR R1 SRI. R SUBRAMANYA, ADVOCATE FOR R2)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO CALL FOR THE RECORDS RELATING TO THE PETITIONER'S GRIEVANCE AND ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION COMMANDING 11

THE RESPONDENT TO RECONSTRUCT THE DEMOLISHED E.W.S QUARTERS IN KORAMANGALA BANGALORE FORTHWITH AND COMPLETE THE SAME WITH IN A TIME FRAME.

THESE WRIT PETITIONS ARE COMING ON FOR PRL.HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Petitioners claiming to be lease-cum-sale agreement holders of certain immovable properties belonging to the respondent-Bruhat Bangalore

Mahanagara Palike have presented these petitions for the following reliefs:

“ i) a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to reconstruct the demolished E.W.S.Quarters in Koramangala Bangalore forthwith and complete the same within a timeframe.

ii) a writ of mandamus or any other appropriate writ, order or direction 12

commanding the 1 st respondent to allocate funds for the reconstruction of the demolished E.W.S. Quarters.

iii) a writ of mandamus or any other approptiate writ, order directing the 2 nd respondent to effectively monitor and supervise the reconstruction of the proposed buildings concerning the materials used and the quality of construction and to also provide the basic amenities of electricity, water and sanitation thereto.

iv) a writ of mandamus or any other appropriate writ, order directing the 2 nd respondent to, in the meanwhile render to the petitioners individually or otherwise an effective assurance in any legal form or in the nature of an undertaking of their right to reallotment.” 13

2. As regards the first relief the concession agreement with the contractor, to complete the same within a timeframe, does not call for interference.

3. The question of allocation of funds for the reconstruction of the demolished E.W.S.Quarters, learned counsel for the respondent-BBMP submits that in view of the concession agreement entered into with the contractor who is required to provide the constructed portion of residential buildings, the question of allocation of funds does not arise.

4. As regards the third relief supra,

Sri.Subramanya, learned counsel submits that the matter is at large before the Division Bench in a Public

Interest Litigation where certain undertaking are given and on that score too, does not survive for consideration. The last of the reliefs depends upon an 14

answer on a pure question of fact whether the petitioners are original allottees. In the absence of a decision over whether the petitioners are original allottees, it is not possible for this court to issue a writ of mandamus as prayed for.

These petitions are ordered accordingly.

Sd/- JUDGE

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