BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, ORPORATION OFFICES, N.R. SQUARE, BANGALORE-360002 Vs. SRI, RAMESH VISHWANATHA S/O SRI, S. VISHWANATH

JUDGEMENT

(1.) BRUHAT Bangalore Mahanagara Palike and Bangalore Development Authority have preferred these appeals challenging the legality and correctness of the order passed in Writ Petition Nos. 29394/2009 and 29396/2009 dt. 24th June 2010.

(2.) SITES Nos. 1 and 2 situated in 8th Main Road, HIG Layout, RMV II Stage, Bangalore, were purchased by the Respondents respectively in a public auction conducted by the Bangalore Development Authority. The Respondents filed the Writ Petitions on the ground that their property has been unauthorized encroached by the BBMP. Therefore, a suit was filed In O.S.No. 487/08 for a perpetual Injunction by the Respondent - Ramesh Vishwanath and later the said suit was withdrawn. The Writ Petitions were filed on the ground that the BBMP without acquiring their property have unauthorisedly utilised the entire property for the purpose of construction of storm water drain. Therefore, they approached the court requesting the court to Issue a writ of mandamus declaring the action of the BBMP for taking their site for widening the storm water drain without due process of law as illegal and to issue a direction to the BBMP and BDA to restore the site to its original condition and hand over the same or in the alternative to allot a alternate site of the same dimension in the same vicinity or in the alternative to pay the cost of the site based on the prevailing market value along with the interest. The Learned Single Judge after hearing has come to the conclusion that the BBMP has taken over the properties of the Writ Petitioners without acquiring the same and without following the law and in the circumstances he allowed the Writ Petitions and directed the BBMP and BDA to allot a alternative site of similar dimension in the same area and for the same value within a period of two months.

(3.) WE have heard the learned counsel for the BBMP and B.D.A. and Mr. Subba Rao, the learned senior counsel appearing for the owners of the site.