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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF JANUARY, 2021

BEFORE

THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV

WRIT PETITION No.15374/2020 (LA-BDA)

BETWEEN:

1.

Smt.Revammam,

Aged about 63 years,

W/o Late Munihanumaiah.

2.

Sri.Mayanna,

Aged about 62 years,

S/o Late Kempanna.

3.

Sri.Nanjappa,

Aged about 47 years,

S/o Late Venkatahanumaiah.

4.

Hanumantharayappa,

Aged about 89 years,

S/o Late Nanjappa.

All are residents of

Muddaiahanapalya Village,

Gidadakonenahalli Dhakale,

Vishwaneedam Post,

Yeshwanthapur Hobli,

Bengaluru – 560072.

…Petitioners

(By Sri.C.M.Nagabhushana, Advocate)

AND:

1.

The State of Karnataka,

Department of Urban Development,

Vikasa Soudha, Dr.Ambedkar Veedhi,

2

Bengaluru – 560001.

Represented by its Secretary.

2.

The Bengaluru Development Authority,

T.Chowdaiah Road,

Kumara Park West Extension,

Bengaluru – 560020.

Represented by its Commissioner.

3.

The Special Land Acquisition Officer,

The Bengaluru Development Authority,

T.Chowdaiah Road,

Kumara Park West Extension,

Bengaluru – 560020.

...Respondents

(By Sri. Y.D.Harsha, AGA for R1

Sri.G.LakshmeeshRao, Advocate for R2 & R3)

This Writ Petition filed under Article 226 and 227 of the

Constitution of India praying to direct the respondents to allot 8

½ guntas of land in lieu of compensation to the petitioners for

having made use of 8 ½ guntas of land in the petition schedule

property for the formation of the road, and also to pay damages

from making use of the petitioners land from the 2015 till the

date of allotting alternate land.

This Petition coming on for Orders, this day, the Court

made the following:

O R D E R

The petitioners have filed the present writ petition

claiming that they are the absolute owners in possession

and enjoyment of the land bearing Sy.No.12 of the

Gidadakonenahalli

Village,

Yeshwanthapura

Hobli,

Bengaluru North Taluk.

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2.

It is submitted that their property had been

notified or acquisition by the respondent – BDA and their

only request is that the respondents must be directed to

allot 8 ½ guntas of land in lieu of compensation to the

petitioners for having made use of 8 ½ guntas of land in the

petition schedule property for the formation of road and

also to pay damages from making use of the petitioners

land from 2015 till the date of allotting alternate land.

3.

Learned counsel appearing on behalf of the

respondent – BDA has filed statement of objections and

paragraph 5 of the said statement of objections reads as

follows:

5.

However, without prejudice to the

aforesaid condition, having regard to the practical

financial

difficulties

faced

by

the

BDA

implementing the directions of the Government in

its letter and spirit in awarding compensation in

respect of the utilization of land, the Bengaluru

Development Authority has forwarded a proposal

to the Government seeking approval to allot 50%

of 50% of developed land i.e., 11,979 sq.ft. per 1

acre of undeveloped land in lieu of utilization of

land of the land owners for formation of roads

without acquisition proceedings on the premise

that the value of developed land of the BDA is

higher in value to 100% of undeveloped land. The

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State Government approved the said proposal of

the respondent authority vide Communication

dated 09.10.2018 and directed the BDA to take

steps for allotment of 11,979 sq.ft., of land in lieu

of utilization of undeveloped land of 1 acre of

land. Further, the State Government directed the

respondent authority to constitute a committee to

oversee the allotment of alternative sites in cases

where the land is being utilized without acquisition

proceedings.

Accordingly,

the

respondent