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2017 Supreme(Kar) 1204

B.S.PATIL
P. Manohar Reddy, S/o late L. Papaiah Reddy – Appellant
Versus
Commissioner, Bangalore Development Authority – Respondent


Advocates Appeared:
For the Petitioner: Sri Jayakumar S. Patil, Sr. Counsel for Sri Muniyappa K., Adv.
For the Respondent: Sri G.S. Kannur, Adv.

ORDER :

1. 1 acre 5 guntas of land comprised in Sy. No.68 of Banasavadi village, K.R. Puram Hobli, Bengaluru East Taluk, belonging to the petitioner has been illegally and unauthorizedly utilized by the Bengaluru Development Authority (for short, ‘BDA’) for the purpose of formation of outer ring road of Banasavadi. Petitioner and his brothers have been representing to the BDA requesting them to allot equivalent alternate land, but the respondent has not responded to the request. Annexure-A is the copy of the representation dated 20.07.2007. Petitioner followed it up by other representations.

2. BDA has acknowledged the fact that 1 acre 5 guntas of land belonging to the petitioner was utilized for formation of outer ring road without any acquisition. Indeed, the Special Land Acquisition Officer, BDA, vide his note dated 20.06.2015, after conducting joint spot inspection clearly noticed the factum of utilization of the land by the BDA and recommended the case of petitioner for allotment of alternate land/sites. This is evident from Annexures-B & B1 – note sheet and the proceedings maintained by the BDA.

3. Indeed, based on the recommendation of the Special Land Acquisition Officer, the


































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