A. MUNI REDDY Vs. BENGALURU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has sought for declaration that levy and collection of Rs.53,59,363.00 at the rate of Rs.18,084.00 per square meter is illegal, arbitrary and without jurisdiction. The petitioner has also sought for issuance of direction or writ in the nature of mandamus directing the respondent to refund the excess amount of Rs.48,87,976.00 with interest at 18% per annum. The petitioner has also sought to collect re-allotment charges at the rate of Rs.1,590.00 per square meter.

(2.) The petitioner submits that he was the absolute owner of land measuring 13 guntas in Sy.No.32 of Devarachikkanahalli Village, Begur Hobli, Bengaluru South Taluk and in the said extent of 13 guntas of land, structures were put up. The said land was notified for acquisition vide final notification dtd. 3/11/1990 for the purpose of forming BTM IV Stage Layout.

(3.) The petitioner has challenged the legality of said notification in W.P.No.22547/1994 and in the said proceedings the court had observed that petitioner could make an application for allotment of said land and if such representation is made, BDA could consider allotment of the area in respect of which structures were put up at the rate to be fixed by the BDA.