N.V. RANGANATHA RAO Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) As the Petitioner is now aged 76 years and as he has been agitating his right for the allotment of an alternative site on losing his revenue property on account of its compulsory acquisition in 1969, I allow I.A. 1/11 for early hearing. The case is taken up for final disposal with the consent of both the learned advocates.

(2.) The Petitioner has called into question the endorsement, dated 20.6.2009 (Annexure-L) turning down the Petitioner's request for the allotment of an alternative site. The Petitioner has also prayed for a consequential direction to the Respondents to allot an alternative site.

(3.) The facts of the case in brief are that the Petitioner had purchased a revenue site carved out of the lands at Sy. No. 12/S and 14/6 of Taverekere Village, Bangalore South. Taluk from, one Sri Shivaraman in the year 1969. On the compulsory acquisition of the said lands, the Petitioner and the similarly placed erstwhile revenue site owners challenged the acquisition proceedings by filing Writ Petition Nos. 30571-594/1982. This Court, by its order, dated 17.4.1989 negatived the challenge to the acquisition proceedings, but gave a direction to the Respondents to consider the case of the Petitioner and others for allotment of alternative sites. This order of the learned Single Judge was challenged by the Respondents in Writ Appeal Nos. 2097-2098/1993. The Division Bench, by its judgment, dated 20.6.1996 disposed of the appeals refusing to interfere in the matter. In the meanwhile, the Respondents had issued the endorsement, dated 6.8.1991 (Annexure-B) conveying their decision to consider the Petitioner's request for allotment of alternative site measuring 40 ft. x 60 ft. stating that in lieu of the revenue site lost by him.