B. DEVARAJ Vs. BANGALORE DEVEOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner is knocking at the doors of writ court for assailing the endorsement dtd. 1/1/2016 issued by the respondent-BDA at Annexure-X, whereby his request for allotment of an alternate site in lieu of the one acquired has been negatived. Learned counsel for the petitioner argues that his client had title to a revenue site in question that admeasured 1200 sq.ft.; the site is subsumed in the land acquired by the BDA and therefore consistent with the extant policy, petitioner needs to be granted an alternate site as has been done in the case of many others.

(2.) After service of notice, the respondent-BDA having entered appearance through its Sr. Panel Counsel opposes the petition contending that petitioner has suffered an adverse finding in a Civil Suit as to his vendor having had no title to convey; the said finding has been affirmed by a Co-ordinate Bench of this Court in petitioner's RSA and therefore petitioner does not have any right to claim an alternate site at all.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter broadly agreeing with the submission made on behalf of the BDA.