IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.41509/2019 (LA – BDA) BETWEEN:
Ursuline Franciscan Educational Society, Nagadevanahalli, Kengeri Hobli, Bangalore-560060, represented by Sr.Emily D’Souza, Aged about 74 years d/o late Monthu Marian D’Souza Senior sister, Holy Family Convent Ursuline Franciscan Sisters Opp: Gnanabhodini High School Dubasipalya, Vidyaniketan Post Bangalore-560059. ... Petitioner (By Smt.Lubna H S for Sri Dilraj Jude Rohit Sequeira, Advocates) AND:
1. The Commissioner Bangalore Development Authority Kumara Park West Bangalore-560 020.
2. The Special Land Acquisition Officer Bangalore Development Authority Kumara Park West, Bangalore – 560020.
3. The Additional Land Acquisition Officer Bangalore Development Authority Kumara Park West, Bangalore – 560020 4. The Registrar Principal City Civil and Sessions Judge, City Civil Court Premises, Bangalore – 560001. …Respondents [By Sri E S Indiresh, AGA] This writ petition is filed under Article 226 of the Constitution of India, praying to direct the respondents to issue the cheque for a sum of Rupees twenty one lakhs seventy three thousand three hundred forty seven only (Rs.21,73,347/-) for acquiring certain extent of land belonging to the petitioner by the Bangalore Development Authority, for the purpose of road, vide final notification vide Annexure-L dated 19.1.1994 of Gnanabharathy Layout, of which possession was taken on 26.8.1997 as per the proceedings bearing LAC No.69/93-94, the Land Acquisition Officer as per document produced at Annexure-L and etc.
This petition coming on for preliminary hearing in ‘B’ group, this day, the Court made the following:-
O R D E R The petitioner has sought for the following reliefs:
a) Issue a writ of mandamus directing the respondents to issue the cheque for a sum of rupees twenty one lakhs seventy three thousand three hundred forty seven only (Rs.21,73,347/-) for acquiring certain extent of land belonging to the petitioner, by the Bangalore Development Authority, for the purpose of road, vide final notification No.HUD/483/MNX/91, dated 19.01.1994 vide Annexure-L of Gnanabharathy Layout, of which possession was taken on 26.08.1997 as per the proceedings bearing L.A.C No.69/93-94, the land acquisition officer as per document produced at Annexure-L;
b. Issue direction to the respondents to consider the representation given by the petitioner for issuing the cheque for a sum of rupees twenty one lakhs seventy three thousand three hundred forty seven only (Rs.21,73,347/-) for acquiring certain extent of land belonging to the petitioner, by the Bangalore Development Authority, for the purpose of road, vide final notification No.HUD/483/MNX/91, dated 19.01.1994 vide Annexure-L of Gnanabharathy layout, of which possession was taken on 26.08.1997 as per the proceedings bearing LAC No.69/93-94 as per Annexure-L.
2. The petitioner claiming to be the owner of the property bearing Sy.No.35 to an extent of 3 acres 16 guntas situated at Nagadevanahalli village, Kengeri Hobli, Bangalore South Taluk is before this Court being aggrieved by the non-payment of compensation towards the acquisition of lands belonging to the petitioner for the purpose of Gnanabharathi Layout vide final notification dated 19.1.1994.
3. It is contended, to the requests made for disbursement of compensation by the petitioner, the respondents have communicated vide letter dated 4.10.2016 that the Land Acquisition Officer has deposited the compensation amount of Rs.21,73,347/- on 23.7.1997 before the competent Civil Court in LAC No.69/93-94.
4. Hence, a direction is sought to the respondents to issue a cheque for the said amount in favour of the petitioner herein.
5. Firstly, no positive direction as sought by the petitioner would be granted by this Court for disbursing the compensation, more particularly, when the said amount has been deposited by the Bangalore Development Authority in the proceedings No.LAC 69/93-94 before the competent Civil Court and secondly, the petitioner has not made any attempt to participate in the said LAC proceedings for withdrawal of compensation amount deposited by the Bangalore Development Authority.
For the aforesaid reasons, writ petition stands dismissed with liberty to the petitioner to seek redressal of its grievance before the appropriate Court in accordance with law.
Sd/- JUDGE Bkm