BUVANESHWARI, PROPRIETOR OF SRI NAGA MOTORS, NO. SF-1, 3RD FLOOR, SUPRA ASSENT, ROAD NO.4, DEFENCE LAYOUT, VIDYARANYAPURAM, BANGALORE - 560 097 Vs. THE SPECIAL LAND ACQUISITION OFFICER, KIADB 3RD FLOOR, KHENEY BUILDING, GANDHINAGAR, BANGALORE AN

JUDGEMENT

(1.) THE petitioner is before this Court praying that a mandamus be issued to the respondents to pay compensation towards the building for relocation, which according to the petitioner he is entitled to under the Bangalore Metro Rail Corporation Rehabilitation Package. The respondents have filed their objection statement and opposed the claim putforth in the petition. Heard the Learned Counsel for the parties and perused the petition papers.

(2.) THE case of the petitioner is that, he was running an automobile service Centre/garage in a vacant land measuring 34.75 mtrs. East to West and 27 mtrs. North to South in Sy. No. 42/2, Peenya Village, Tumkur Road, Bangalore under a lease agreement dated 13.07.1988 entered into with the landlord. The said land bearing Sy. No. 42/2 was also acquired for the Bangalore Metro Rail project through the Karnataka Industrial Area Development, KIADB for short. In that regard, a notification dated 16.10.2009 was issued under Section 28(4) of the Karnataka Industrial Area Development Act. Subsequently, the notice dated 22.10.2009 has also been issued under Section 28(6) of the Act.

(3.) IN that context, the petitioner contends that, since in any event, when he had time to vacate the premises in question till 31.03.2011 and when the respondents in fact had taken possession of the property earlier to that date and demolished the structures which was put up, he was entitled to the compensation under the rehabilitation package. In that regard, a representation was made but the 2nd respondent by their communication dated 05.08.2011 have in fact denied the relief to the petitioner by indicating that, in any event, he had to vacate the premises as provided in the order passed in R.F.A. No. 210/2010 and therefore he is not entitled to the compensation under the rehabilitation package.