Case Note & Summary
The petitioner, Smt. Zohara Sadiq, claimed to be a person interested in compensation for land acquired by the Bangalore Metro Rail Corporation Ltd. (BMRCL) by virtue of a registered Gift Deed dated 18.01.2011. She filed a representation dated 12.12.2018 before BMRCL seeking deposit of the compensation amount with the jurisdictional civil court. The grievance was that BMRCL had not considered her representation. The petitioner filed a writ petition under Article 227 of the Constitution of India seeking a direction to BMRCL to deposit the compensation. BMRCL's counsel submitted that ordinarily such grievances should be made before the Special Land Acquisition Officer of KIADB, but agreed to consider the representation if a reasonable period was prescribed by the court. The court found BMRCL's stand fair and issued a writ of mandamus directing BMRCL to consider the petitioner's representation dated 12.12.2018 in accordance with law within a reasonable period. The writ petition was allowed in part.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - Article 227 of the Constitution of India - The petitioner sought direction to BMRCL to deposit compensation before civil court based on a registered gift deed - Court held that BMRCL must consider the representation in accordance with law within a reasonable period - Held that writ of mandamus is appropriate to compel consideration of pending representation (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 allowed in part; Writ of Mandamus issued to BMRCL to consider petitioner's representation dated 12.12.2018 in accordance with law within a reasonable period.
Law Points
- Writ of Mandamus
- Consideration of representation
- Land acquisition compensation
- Article 227 of the Constitution of India
Case Details
2019 LawText (KAR) (01) 59
W.P.No.57695 of 2018 (LA-RES)
Sri. Narasimharaju (for petitioner), Sri. K. Krishna (for respondent)
The Director, Bangalore Metro Rail Corporation Ltd. & Anr.
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India seeking direction to respondent to deposit compensation amount with civil court.
Remedy Sought
Direction to BMRCL to deposit compensation before civil court pursuant to representation dated 12.12.2018.
Filing Reason
Non-consideration of petitioner's representation seeking deposit of compensation amount.
Issues
Whether BMRCL should be directed to consider the petitioner's representation for deposit of compensation.
Submissions/Arguments
Petitioner claimed to be person interested in compensation by virtue of registered Gift Deed dated 18.01.2011 and sought deposit of compensation.
Respondent BMRCL submitted that ordinarily such grievances should be made before KIADB but agreed to consider representation if reasonable period prescribed.
Ratio Decidendi
A writ of mandamus is appropriate to compel consideration of a pending representation where the authority has not acted upon it, and the authority's fair stand to consider it if a reasonable period is prescribed justifies issuance of such direction.
Judgment Excerpts
The short grievance of the Petitioner who claims to be the person interested in the compensation in respect of the land in question by virtue of a registered Gift Deed dated 18.01.2011 at Annexure-A, is against the non-consideration of his representation dated 12.12.2018 at Annexure-L by the Respondent – Bangalore Metro Rail Corporation Ltd.
In the above circumstances, this Writ Petition succeeds in part; a Writ of Mandamus issues to the Respondent – BMRCL to consider Petitioner’s representation dated 12.12.2018 in accordance with law, if a reasonable period for such consideration is prescribed by this Court.
Procedural History
Petitioner filed writ petition under Article 227 of the Constitution of India on 08.01.2019; respondent appeared through counsel; court heard submissions and passed order on same day.
Acts & Sections
- Constitution of India: Article 227
