IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE Mrs. JUSTICE S.SUJATHA WRIT PETITION No. 49767 OF 2018 (LA-BDA) BETWEEN:
BAPUJI VIDYARTHI NILAYA (R) NO.143, MAGADI ROAD, BENGALURU-560023 REPRESENTED BY ITS SECRETARY, SRI L.GOVINDARAJU S/O LATE LINGAPPA AGED ABOUT 51 YEARS. ...PETITIONER (By Sri LOURDU MARIYAPPA, ADVOCATE) AND:
1. THE ADDITIONAL LAND ACQUISTION OFFICER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK, BENGALURU-20 2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK BENGALURU-20. ...RESPONDENTS (By Sri G.H.RAVIKUMAR, ADVOCATE FOR Sri B.S.SACHIN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE COURT BELOW IN LAC NO.28/1987 ON THE FILE OF LEARNED JUDGE CCH-17, BENGALURU THEREBY SO AS TO RELEASE THE COMPENSATION AMOUNT PERTAINING THE LAND WHICH OWNED BY THIS PETITIONER'S SOCIETY [CLAIMANT NO.36] IN SY.NO. 1, MEASURING EIGHT-8-ACRES AND THIRTY -SEVEN - 37-GUNTAS OF LAND SITUATED JARAKABANDE KAVAL, YELAHANKA HOBLI, BENGALURU. SAID LAND WAS REQUIRED BY THE BDA, BENGALURU FOR THE FORMATION OF NANDINI LAYOUT FORTHWITH.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the parties.
2. It is the grievance of the petitioner that the Court below has failed to release the compensation amount deposited by the Bengaluru Development Authority towards acquisition of petitioner’s land. The application filed by the petitioner seeking for the release of the compensation amount has not been adjudicated so far.
3. Learned counsel for the Bengaluru Development Authority-Respondents however submits that there are rival claimants in the proceedings, which requires to be examined under Sections 30 and 31 of the Land Acquisition Act, 1894.
4. Considering the totality of the circumstances of the case, this Court finds it appropriate to direct the Court below to consider I.A.No.7 filed by the petitioner in L.A.C.No. 28 of 1987 and take a decision in accordance with law in so far as the claim of the petitioner seeking for release of the compensation amount pertaining to the land owned by the petitioner society, which has been now acquired by B.D.A.- Respondent to the formation of Nandini Layout. The Court below shall take a decision in accordance with law after hearing the parties in an expedite manner.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE DH