Case Note & Summary
The petitioner, Smt. Zohara Sadiq, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. She claimed to be a person interested in the compensation for land acquired by the Bangalore Metro Rail Corporation Ltd. (BMRCL), based on a registered Gift Deed dated 18.01.2011. Her grievance was that BMRCL had not considered her representation dated 12.12.2018, in which she sought deposit of the compensation amount with the jurisdictional civil court. The petitioner argued that there was no justification for keeping the representation unconsidered. The respondent-BMRCL, represented by Senior Panel Counsel Sri. K. Krishna, submitted that ordinarily such grievances should be raised before the jurisdictional Special Land Acquisition Officer of the Karnataka Industrial Area Development Board (KIADB), which was not a party to the petition. However, BMRCL stated it would have no difficulty in considering the representation if a reasonable period for such consideration was prescribed by the court. The court found the stand of BMRCL to be fair and allowed the writ petition in part. A Writ of Mandamus was issued directing BMRCL to consider the petitioner's representation dated 12.12.2018 in accordance with law within a period of four weeks from the date of receipt of the order. The court did not address the merits of the representation, leaving it to BMRCL to decide appropriately.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Article 227 of the Constitution of India - Petitioner claimed interest in compensation by virtue of a registered Gift Deed and sought direction to BMRCL to deposit compensation with civil court - Court held that BMRCL must consider the representation in accordance with law within a reasonable period - Writ of Mandamus issued (Paras 1-3).
Issue of Consideration
Whether the respondent-BMRCL should be directed to consider the petitioner's representation seeking deposit of compensation amount with the jurisdictional court.
Final Decision
Writ petition succeeds in part; a Writ of Mandamus issues to BMRCL to consider petitioner's representation dated 12.12.2018 in accordance with law within a period of four weeks from the date of receipt of the order.
Law Points
- Writ of Mandamus
- Consideration of representation
- Land acquisition compensation
- Article 227 of the Constitution of India
