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2019 Supreme(Kar) 134

KRISHNA S.DIXIT
P. G. Belliappa – Appellant
Versus
Commissioner Bangalore Development Authority, Bangalore – Respondent


Advocates Appeared:
Murthy D Naik, Adv., A. Lakshmish Rao, Adv.

JUDGMENT :

KRISHNA S.DIXIT, J.

1. Petitioner, a senior citizen is invoking the writ jurisdiction of this Court complaining against a callous and grossly culpable act of the respondent BDA in un-authorizedly and high handedly appropriating his land ad measuring 63162 Sq. Ft. in site No.19 of Jettagararahalli Village, Hemmigepura Grama, Kengeri Hobli, Banashankari 6th Stage, Bengaluru, without any acquisition process.

2. The respondent BDA after service of notice, has entered appearance and filed a Statement of Objections has specifically admitted at Para No.5 thereof that it has "utilized petitioner's land ad measuring 63000 Sq. Ft. for the formation of roads, parks and sites without acquiring the said lands" for the purpose of Banashankari 6th Stage Layout. In the Statement of Objections at para No.7 the respondent BDA states that it would give 50% of the developed land i.e., 17296 Sq. Ft. to the petitioner in terms of Government Order dated 09.10.2018 in the same layout subject to availability or in the alternative, in some other layout.

3. Learned counsel for the petitioner vehemently contends that utilization of citizen's land by the respondent BDA, a statutory authority sans acquis


















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