IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.8108- 8110/2019 (BDA) BETWEEN :
1. SMT.RAJAMMA W/O LATE NAGA, AGED ABOUT 52 YEARS 2. SRI MANJUNATH M., S/O LATE SRI NAGA, AGED ABOUT 29 YEARS 3. SRI VAJRAMUNI S/O LATE SRI NAGA, AGED ABOUT 30 YEARS ALL ARE R/AT NO.86, GURUKULA, GUBBALALA, SUBRAMANYAPURA, BANGALORE-560 061. ...PETITIONERS (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADV.) AND :
BANGALORE DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020. …RESPONDENT (BY SRI K.KRISHNA, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENT AND QUASH THE IMPUGNED DEMAND OF SITE VALUE OF RS.14,19,200/- MADE VIDE ALLOTMENT LETTER DATED 11.02.2019 VIDE ANNEXURE-A ISSUED BY THE RESPONDENT.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners.
2. The petitioners have assailed the impugned demand of site value of Rs.14,19,200/- made vide allotment letter dated 11.2.2019 inter alia seeking for a direction to the respondent to re-determine the value of the site in the light of demand made in terms of the allotment letter at Annexure-D to the writ petitions.
3. The respondent Authority has allotted a site to the petitioners in Banahshankari 6th stage and demanded amount of Rs.14,19,200/- subsequent to the resolution passed by the respondent authority wherein, it was resolved that the owner who has voluntarily surrendered the land is entitled for one site per acre. The petitioners being the L.Rs of the original owner of land measuring 3¼ guntas in Sy.No.38/1 situated at Gubbalala, Uttarahalli Hobli, Bangalore South Taluk, under the Incentive Scheme for Voluntary Surrender of Land, have been allotted the site in terms of Annexure-A. However, there is no parity of the value of site determined at Annexure-A and at Annexure-D the allotment letter issued to similar persons in identical circumstances. This Court considering the identical issue in W.P.Nos.45209-210/2015 and connected matters (D.D.4.12.2015) allowed the writ petitions, quashing the demands insofar as the value of the sites, directing the respondent to consider the case of the petitioners in the light of allotment letter made to similarly placed persons and to make appropriate demands on the petitioners in respect of the sites allotted. The petitioners herein, are entitled to similar relief on parity since the hostile discrimination between the petitioners and other land losers who have been allotted sites is ex facie apparent.
4. Hence, the petitions are allowed. The impugned demand at Annexure-A is quashed insofar as the value of the sites. The respondent-Bangalore Development Authority is directed to consider the case of the petitioners in the light of Annexure-D, allotment letter and to make appropriate demands on the petitioners in respect of the site allotted as per Annexure-A to the writ petitions.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE Dvr: