B. H. SRINIVASA MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the petition is listed for "Hearing- Interlocutory Application", with the consent of the learned counsels on both the sides, the petition is heard and disposed of finally.

(2.) The grievance of the petitioner who is an Advocate is that while the respondents sought to acquire certain lands for the purpose of Bangalore Metro Rail Project, the building in which the petitioner was having his office was also notified for the purpose of acquisition. It is contention of the petitioner that the fixation of shifting allowance in particular provided for the tenant is discriminatory in nature and the exact measurement of the office has not been taken into consideration.

(3.) Learned counsel for the petitioner submits that in the Compensation and Resettlement Package (CRP) 2019 at Annexure-F, provision is made at clause VI regarding allowance for loss of business for tenant. While drawing the attention of this court to the particular provision, the learned counsel for the petitioner submits that as per the said package and policy of respondent No.3-BMRCL, a different set of provision in assessing the allowance has been made to persons who pay GST and another provision is made to persons who do not pay GST, like petitioner.