K. SRINIVAS MURTHY Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner's father was the owner of the property bearing Sy.No.35/4 of Halasuru village, Bangalore North Taluk measuring an extent of 11 guntas which was acquired for the purpose of formation of HAL IV Stage layout by the erstwhile City Improvement Trust Board (CITB) under preliminary notification dtd. 21/9/1967. Subsequent thereto, a final notification was issued on 16/10/1972. It is contended that by issuance of a notification under Sec. 48(1) of the Land Acquisition Act, 1894, the acquisition of the said property was withdrawn on 9/10/1976. However, the BDA has forcefully formed a layout in the said 11 guntas of land and as such, the father of the petitioner had filed W.P. No. 81100/1997 seeking cancelation of the sale made by the BDA as there is no acquisition of his property. The writ petition came to be disposed of on 19/8/1997 on the basis of the submission made by the BDA that auction sites were actually part of Sy.No.30 and not carved out of Sy.No.35/4 belonging to the father of the petitioner. In view thereof, the petitioner's father was given liberty to approach the Civil Court.

(3.) Thereafter the petitioner's father sought survey of the lands and after such survey, he had approached the BDA with representation dtd. 2/6/2000 categorically stating that auctioned land was forming part of Sy.No.35/4 and requested for alternate land to be allotted. The BDA did not accept the same. In view thereof, the petitioner and his brother had filed W.P.No.13017-18/2011 and this Court while disposing of the writ petition observing that 11 guntas had been utilised out of Sy.No.35/4 had directed the BDA to consider the allotment of alternate developed land equivalent to 50% of unauthorizedly utilised property in terms of the Circular dtd. 19/11/2009.