A.M. HANUMANTHE GOWDA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioners in all these petitions are before this Court seeking for issue of mandamus to direct the respondents to modify the respective resolutions allotting alternate land to the extent of 50% of the utilised land and further direct the respondents to allot land to the extent of 100% as ordered in W.P. No. 45695/2011.

(2.) SINCE the issue in all these petitions is with regard to the aspect as to whether the petitioners are to be compensated towards the entire extent of the land which belong to them and has been utilized by the respondents without the formal process of acquisition being followed, these petitions are taken up together and are disposed of by this common order. For the purpose of narration of facts so as to understand the issue involved herein and the rival contentions urged, the facts arising in the petition in W.P. No. 46260/2013 is taken as the lead case.

(3.) THE respondents have filed their objection statement. It is contended that the petitioner being aware of the fact that he would be allotted 50% of the developed land has accepted the same and at this belated stage has approached this Court which is not sustainable. The respondents in order to indicate that 50% of the developed land which was allotted to the petitioner has been conveyed, have relied on the possession certificate and also the sale deed executed in favour of the petitioner. Further, in the instant lead case, the petitioner has relied on the relinquishment deed dated 16.03.2013 to indicate that on the 50% of the land being allotted to the petitioner, he has relinquished his right in favour of the respondents in respect of the land that has been utilised for formation of the road.