SADIQ GAIHLOT Vs. COMMISSIONER, BANGALORE DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent to grant an alternate site in lieu of 3.5 guntas of land utilized by the respondent-Bangalore Development Authority (for short 'the BDA') in Sy. No. 171/4 of Kothanur village, Uttarahalli Hobli, Bangalore South Taluk.

(2.) Heard Sri. B.R. Viswanath, learned Counsel for the petitioner and Sri. G. Lakshmeesh Rao, learned Counsel for the respondent-BDA.

(3.) Petitioner claims that he is the absolute owner of converted land bearing Sy. No. 171/4 of Kothanur village, Uttarahalli Hobli, Bangalore South Taluk. It is stated that the land was converted for non-agricultural residential purpose vide Official Memorandum dtd. 17/1/2013 issued by the Deputy Commissioner, Bengaluru District, Bengaluru. It is the case of the petitioner that without notice and without any acquisition proceedings, the respondent-BDA formed road utilizing 3.5 guntas of land belonging to the petitioner in Sy. No. 171/4. No compensation was awarded to the petitioner nor any alternate land was granted for utilizing the above said land for the purpose of formation of road. At the time of utilization of the petitioner's land by the respondent-BDA, the petitioner was assured that he would be adequately compensated or he would be allotted alternate developed land. As the respondent-BDA failed to compensate the petitioner, he made a representation at Annexure- F dtd. 11/4/2016 to the respondent-Commissioner.