Case Note & Summary
The petitioner, Smt. Nagamma, filed a writ petition under Article 226 of the Constitution of India seeking a direction in the nature of mandamus to the respondents to consider her representation dated 24.08.2022 and allot a site or house in Doddabelavangala Village, Doddaballapur Taluk, Bengaluru Rural District, and to provide rehabilitation to her and her family members in a time bound manner. The respondents included the State of Karnataka, the Bangalore Water Supply and Sewerage Board (BWSSB), the Deputy Commissioner, the Tahsildar, and the Panchayat Development Officer. The petitioner claimed to be a project affected person due to a water supply project undertaken by BWSSB. The court heard arguments from the petitioner's counsel, Clifton D'Rozario, Smt. Maitreyi Krishnan, and Smt. Shilpa Prasad, and the respondents' counsel, Sri B.V. Krishna and Sri M.S. Devaraj. The court, after reserving orders on 09.02.2023, pronounced the judgment on 16.02.2023. The court held that the respondents must consider the petitioner's representation and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of the order. The court did not express any opinion on the merits of the representation and directed that the consideration be done objectively and in accordance with law. The writ petition was disposed of with these directions.
Headnote
A) Constitutional Law - Writ of Mandamus - Right to Consideration of Representation - Petitioner sought direction to respondents to consider her representation for allotment of site/house and rehabilitation as a project affected person - Court held that the respondents must consider the representation and pass appropriate orders in accordance with law within a stipulated time - Held that a writ of mandamus is maintainable to compel consideration of a representation where a legal right is asserted (Paras 1-3).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representation for allotment of a site or house and provide rehabilitation in a time bound manner.
Final Decision
The writ petition is disposed of directing the respondents to consider the petitioner's representation dated 24.08.2022 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No opinion on merits of representation.
Law Points
- Writ of mandamus
- Right to rehabilitation
- Project affected persons
- Consideration of representation
- Time bound disposal
