IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.44272/2018 (BDA) BETWEEN SMT. HONNAMMA W/O. LATE. MADDAYYA, AGED ABOUT 77 YEARS, R/AT GIDADAKONENAHALLI, YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE 560091. ... PETITIONER (BY SRI SATISH K, ADV. FOR M S BHAGWAT, ADV.) AND BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BANGALORE - 560020. ... RESPONDENT (BY SRI G LAKSHMEESHA RAO, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DEMAND OF SITE VALUE OF RS.63,99,000/- FOR SITE BEARING NO.982 IN SIR.M.VISHWESHWARAIAH 5TH BLOCK VIDE ALLOTMENT LETTER DTD:19.9.2018 [ANNEXURE-A] ISSUED BY THE RESPONDENT ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has assailed the demand of sital value of Rs.63,99,000/- made by the respondent for site bearing No.982 in Sir M. Vishweshwaraiah 5th Block by allotment letter dated 19.09.2018 inter-alia seeking a direction to the respondent to re-determine the value of the site as prevailing in the year 2003, as far as petitioner is concerned in the light of demand made as per the allotment letters dated 21.10.2008 and 21.07.2016 (Annexure-C & G respectively) by the respondent in identical circumstances.
2. The petitioner is claiming to be the daughter- in-law of one Sri. Chikka, the owner of land in Survey No.46/3, Gidadakonenahalli village, Yeshwantpur Hobli, Bangalore North Taluk, Bangalore measuring 1 Acre 19 Guntas which was the subject matter of acquisition for formation of Sir M. Vishweshwaraiah further extension vide Preliminary Notification dated 08.04.2003 and Final Notification dated 09.09.2003 in respect of 1 Acre. It is not in dispute that the petitioner has surrendered acquired land for effective implementation of the scheme. Further the petitioner has drawn the award passed by the respondent authority. Accordingly, the scheme has been implemented in letter and spirit. It is the grievance of the petitioner that the sital value of Rs.63,99,000/- has been demanded for allotting the site No.982 in Sir M. Vishweshwaraiah Nagar, 5th Block, measuring 18x12 (216 square metres). Whereas, for similarly placed land losers under the same notification while allotting the sites under the incentive scheme a sum of Rs.1,15,000/- is the sital value demanded as per Annexure-C. It is further submitted that similarly placed land losers approached this court in W.P. No.43018/2016 and connected matters assailing the sital value of Rs.11,21,280/- fixed by the Bangalore Development Authority for allotting a site in Sir M.
Vishweshwaraiah, 7th Block Extension and on consideration of the orders passed by this court the sital value of the said allottee has been revised to Rs.1,15,000/- on par with the other land losers who were allotted the site in identical circumstances. Hence, on parity the petitioner herein is entitled for the same.
3. Learned counsel for the respondent- Bangalore Development Authority justifying the order impugned submitted that the application was made by the petitioner seeking allotment of site on 22.11.2017 and as such the prevailing rate applicable to the allotment of site as on that date has been fixed and the same deserves to be confirmed.
4. Having heard the learned counsel for the parties and perusing the material on record, it is clear that the issue involved herein is no more res-integra in view of the principles of law set-right by this court in catena of judgments.
5. This court considering the grievance of the land losers who have lost their lands under the same notification and voluntarily surrendered the sites for the implementation of the scheme for which the said land was acquired has directed the Bangalore Development Authority to maintain parity in fixing the sital value wherein sites are allotted under the incentive scheme and the same requires to be applied in the present case also. It is not in dispute that the petitioner has voluntarily surrendered the lands and is entitled to allotment of site at the prevailing rate as on the date of notification which was considered and applied to the similarly placed persons.
6. Accordingly, this writ petition is allowed.
The Bangalore Development Authority is directed to raise a fresh demand computing the value of the site keeping in mind the amount collected from the similarly placed persons produced at Annexure-F and H along with this writ petition. Hence, the impugned demand vide allotment letter dated 19.09.2018 at Annexure-A is quashed in so far as the value of the site is concerned. Respondent-authority is directed to consider the case of the petitioner afresh in the light of the observations made herein above and make appropriate demands in respect of the site allotted in the allotment letter at Annexure-A.
The writ petition is allowed in terms of above.
Sd/- JUDGE Chs* CT-HR