S SHOBHA Vs. ADMINISTRATOR

JUDGEMENT

(1.) THIS petition by the party-in-person is for a mandamus to the respondent-Bruhat Bengaluru Mahanagara Palike, for short 'BBMP, to allot 50' x 80' feet commercial site or a corner site in a developed area in Bangalore Urban equivalent to the property lost on account of illegal encroachment and to award compensation for the consequential loss by way of illegal demolition and illegal collection of taxes and refund of the same, etc.

(2.) IN the petition it is stated that pursuant to the order dated 10/6/2009 in W.P. No. 39750/ 04, the respondent-BBMP complied with the said order by rejecting her request in the order dated 9/9/2009 -Annex.A. following which an appeal preferred to the Administrator was also rejected by order dated 23/12/2009 - Annex.D.

(3.) IN compliance with the said order, respondent filed a report dated 3/6/2011 enclosing a sketch stating that there is a difference in measurement of the site in terms of the sale deed dated 29/1/1998 executed by the BDA in favour of the petitioner's father-in-law, which measured 1950 sq. ft. while the measurement of the site in terms of the affidavit was 1753.75 sq. ft. and the actual measurement at site was 1692.75 sq. ft. This report is opposed by filing objections interalia denying the measurements of the site to contend that as per sanctioned plan site measured 1750 sq. ft. though actual measurement is 60 ft. + 48 ft./2 x 36 + 16.5/2 ft. and the difference in measurement is 650 sq. ft., which is illegally taken over by the BBMP.