IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.4135 OF 2019 (BDA) BETWEEN:
SRI S. RAJANNA S/O LATE S. SUBBARAO, AGED ABOUT 65 YEARS, NO.733, MADHU NIVASA, 3RD CROSS ROAD, 8TH MAIN ROAD, R.P.C. LAYOUT, VIJAYANAGARA, BENGALURU-560 040. …PETITIONER (BY SRI H.V.MANJUNATHA, ADVOCATE) AND:
BENGALURU DEVELOPMENT AUTHORITY, REPT. BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMAR PARK WEST, BENGALURU-560 020. ... RESPONDENT (BY SMT. M.R.VANAJA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO RE-DETERMINE THE VALUE OF THE ALLOTTED SITE PREVAILING IN THE YEAR 2002, AS FAR AS PETITIONER IS CONCERNED AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petition, the petitioner has sought for the following reliefs:
“a) Issue Writ of Mandamus or order or direction directing the Respondent to re- determine the value of the allotted Site prevailing in the year 2002, as far as Petitioner is concerned, in the interest of justice and equity.
b) Pass any other Order including the cost of this Writ Petition in the interest of justice and equity.”
2. Learned counsel for the petitioner in support of his prayer relied on the following dates and events:
Notification issued by the Department of Urban Development for acquisition of land on 31.10.2002, whereas the petitioner made the representation to respondent-Authority on 07.02.2013 to allot an alternative site. Thereafter, he was allotted an alternative site by assessing the value at Rs.34,88,900/- (Annexure-C) on 28.12.2018. It was pointed out from Annexures D and E where respondents have determined Rs.2,90,628/-.
3. In view of facts and circumstances, Annexure-F is highly arbitrary and illegal and it is not commensurate with the market value at the relevant point of time.
4. Accordingly, petition stands disposed of.
Concerned respondents are hereby directed to reevaluate the amount with respect to Annexure-C read with Annexures D and E and pass a speaking order and communicate the decision to the petitioner. Above exercise shall be completed within a period of eight weeks from the date of receipt of this order.
Sd/- JUDGE HA/-