VINOD DAMJI PATEL Vs. HOSKOTE YOJANA PRADHIKARA

JUDGEMENT

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

(2.) The petitioner is the absolute owner of 8 1/2 guntas of land in Sy.No.133 of Dandupalya Village, Hosakote Taluk, Bangalore Rural District. The said land has been converted for non-agricultural purposes by way of a orders passed by a Deputy Commissioner on 28/4/2005. The said land alongwith certain other lands totally measuring 11 acres 37 1/2 guntas, including the lands in Sy.No.134 measuring 26 guntas and 33 guntas in Sy.No.133 were converted for non-agricultural purposes vide order of the Deputy Commissioner dtd. 28/4/2005. The petitioner had purchased the aforesaid 8 guntas of land on 30/7/2013 under Deed of Sale registered with Sub-Registrar, Hosakote. The petitioner submitted a plan for approval to respondent No.1 in respect of aforesaid land. The respondent No.1 vide letter dtd. 27/1/2022 contending that 80% of the said land had been earmarked for widening of National Highway-35 to 45 meters and called upon the petitioner to hand over the land so ear-marked free of cost and it is only thereafter the respondent No.1 would approve the plan. It is aggrieved by the same, that the petitioner is before this Court.

(3.) The contention of the counsel for the petitioner is that the petitioner is only seeking for a plan sanction in respect of his own land, a condition as such cannot be imposed on the petitioner to relinquish or surrender for free of cost the land which is proposed to be used for widening of the existing National Highway to 45 meters.