M. GOVINDARAJU Vs. CHIEF SECRETARY

JUDGEMENT

(1.) Shorn of the pleadings and the prayers, the essential grievance of the Petitioner land losers in BDA acquisition commencing with Preliminary Notification dtd. 20/3/1999 followed by Final Notification dtd. 28/8/2000, eventually resulting into passing of the Award dtd. 19/3/2001, is that the ten sites which were part of the land acquired stood in their name as the Khathedars and they having not taken the compensation, incentive sites in terms of Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989 should be provided to them. In support of this, learned counsel for the Petitioners vehemently banks upon a Coordinate Bench decision of this Court in WP Nos. 20875-938, 23298-318, 23433-59, 25192 and 27103- 124/2001 (LA-BDA), between G R JAYAMMA vs. STATE & OTHERS , disposed off on 20/7/2001.

(2.) Learned AGA appears for State, learned Sr. Panel Counsel appears for Respondent Nos. 2 & 3 and the private Respondents are represented by their advocate. Learned AGA and the Sr. Panel Counsel for the BDA oppose the Petition contending that the provisions of 1989 Rules inter alia require land owners, on acquisition being accomplished, to voluntarily deliver possession of the property to the BDA and unless this such is vouched for, the claim for incentive cites cannot be entertained. Having so contended, they now agree that the BDA and its officials shall consider the claim of the Petitioners for allotment of the incentive cites in light of guidelines drawn by the Coordinate Bench in the case supra. Learned Sr. panel Counsel also reserves the right of his client to reject the claim of the kind, if there is evidentiary material to show that Petitioners had opposed the acquisition and resisted the taking of the compensation. All this is fair. In the above circumstances, this Writ Petition is disposed off. The claim of Petitioners for allotment of incentive sites shall be considered & decided and result thereof should be communicated to them in writing by Speed Post within an outer limit of three months. The subject consideration shall take place with the participation of the Petitioners, private respondents and all those who are interests persons. The Petitioners and the newly impleaded private Respondents are put to notice through their advocates to appear before the Jurisdictional SLAO of BDA on 10/4/2023 at 3.00 p.m. and seek further instructions at his hands. They are permitted to videograph their presence in the BDA Office so that there would be some evidentiary material about their attendance. Now, no costs.