IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE W.P.No.5453/2018 (LA-BDA) BETWEEN:
SRI C CHANDRAMOHANA REDDY S/O C VENKATARAMA REDDY AGED ABOUT 62 YEARS, RESIDING AT REDDY ESTATE ANJANAPURA UTTARAHALLI HOBLI BENGALURU 560062 BENGALURU SOUTH TALUK ... PETITIONER (By Sri. SHIVARAMA A, ADVOCATE) AND 1.THE STATE OF KARNATAKA REP BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BANGALORE 560001 2.THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARA PARK WEST, BENGALURU 560020 3.THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARA PARK WEST, BENGALURU 560020 4.THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY BANGALORE SOUTH DIVISION BDA COMPLEX, BANASHANKARI BENGALURU 560070 ... RESPONDENTS (By Sri.E.S. INDIRESH, AGA for R-1 Sri.B.G.SHANKAR RAO, ADV. FORF R-2 TO R-4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO 4-BDA TO CONSIDER THE REPRESENTATION DTD:4.10.2016 AND ACKNOWLEDGED BY THEM ON 18.10.2016 PRODUCED AT ANNEXURE-E TO THE WRIT PETITION AND TO DIRECT THE R-2 TO 4 BDA TO ALLOT AN ALTERNATIVE LAND/SITES IN LIEU OF UTILIZATION OF HIS LAND BEARING SY NO.21/2 MEASURING 10 GUNTAS, SITUATED AT KEMBATHAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH WITHOUT ACQUIRING THE LAND, OR IN THE ALTERNATIVE TO PAY COMPENSATION UNDER OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Shivarama.A, learned counsel for the petitioners. Sri.E.S. Indiresh, AGA for respondent No.1 and Sri. B.G. Shankar Rao, learned counsel for respondents 2 to 4.
2. Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seeks a writ of mandamus to respondent No. 2 to 4 to consider the representation dated 04.10.2006 acknowledged by them on 19.10.2016 and to direct respondents to allot an alternate land/sites in lieu of utilization of his land bearing Sy.No.21/2 measuring 10 guntas, situated at Kembathahalli Village, Uttarahalli Hobli, Bengaluru South without acquiring the same or in the alternative to pay compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
4. When the matter was taken up for hearing, learned counsel for the parties jointly submits that the controversy involved in this petition is squarely covered by the judgment passed in W.P.56283/2018(BDA) disposed of on 1.3.2019.
5. In view of the aforesaid submissions made and for the reasons assigned in the aforesaid order, the writ petition is disposed of with the following directions to the respondent-BDA:
(i) to give to the petitioner on ownership and possession basis, an area of 10 guntas (Ten guntas) of developed land in the Banashankari further extension Anjanapura Layout, by way of re-compense for the land lost by him for the unauthorized utilization by the BDA;
(ii) in the alternative to give to the petitioner such extent of the developed land in any other nearest layout, as would approximate to the market value of 10 guntas of developed land in the Banashankari further extension Anjanapura Layout, subject to value adjustment; and (iii) the above apart, to pay to the petitioner a sum of Rs.1 lakh (Rupees one lakh) only by way of damages, for each year of unauthorized deprivation of his land measuring 10 guntas and deferment of assured recompense for all these years, to be reckoned from 07.02.2002 ie., the first Resolution of the BDA aforementioned till land as above directed is given to him; the said amount after payment to the petitioner, shall be recovered from the erring officials of the BDA as are responsible for the unauthorized utilization of the land and for inordinately delaying/deferring the grant of recompense to the petitioner despite BDA Resolution dated 07.02.2002 (vide Subject No.53/02); further an adverse entry shall be made in the Service Registers of such erring officials after giving an opportunity of hearing.
Compliance within eight weeks.
6. Accordingly, the writ petition is disposed of.
Sd/- JUDGE *alb/-.