N. DHAKSHAYINI Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) On 19/3/2013, the following order was passed:

(2.) The Commissioner by name T. Sham Bhatt is said to have taken charge on 28/8/2012, while the order in W.P. 1747/12 is dated 12/6/2012. It is not forthcoming as to who was the Commissioner on the date when the order was passed by this court. The Commissioner has failed to make available the name of the Officer who held the post of Commissioner on the date when the order - Annex. A in the writ petition was passed.

(3.) There is no dispute that the BDA, without authority of law, usurped the property of the petitioner. Though a faint effort is made by the learned counsel for the respondent - BDA by traversing paragraph 9 of the writ petition, to contend that the petitioner handed over the property without hesitation or persuasion for the construction of a monumental building while other allottees too, joined hands, there is not a titre of evidence in the form of a written consent or a relinquishment deed, much less, instrument of transfer, duly registered conveying the property in favour of the BDA. So also, admittedly there is not a titre of evidence over acquisition of the property under the BDA Act, 1976 or under the Land Acquisition Act, 1894. Therefore the submission that the petitioner had handed over the property to the BDA for the construction of the EWS building, is unacceptable. Under Art. 300A of the Constitution of India, petitioner cannot be deprived of her immovable property without due process of law. BDA thus, cannot take shelter under the averments in paragraph 9 of the memorandum of writ petition.