MUNIANJANAPPA BUDDAPPA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These writ petitions are filed seeking a writ of mandamus against respondents ' "Bangalore Development Authority (for short, 'BDA'), the Executive Engineer, BDA and the State of Karnataka represented by its Principal Secretary, Department of Urban Department, to execute sale deed as regards the petition schedule properties which have been allotted in favour of the petitioners by the respondents vide Annexures-A to A15 as per allotment orders dated 09.02.2016, 11.02.2016 & 15.03.2016. In all, 15 sites totally measuring around Rs. 39,289 square feet have been allotted as alternative land by the BDA in favour of the petitioners.

(2.) The allotment was made in lieu of utilization of land to an extent of 36 guntas comprised in Sy. No.84/1 of Valagerahalli village, Kengeri Hobli, Bengaluru South Taluk. The said 36 guntas of land belonging to the 1st petitioner was utilized by the BDA for the purpose of Gnanabharathi Layout.

(3.) It is not in dispute that while acquiring the lands for the purpose of Gnanabharathi Layout, the extent of 36 guntas comprised in Sy. No.84/1 of Valagerahalli belonging to petitioners was not acquired. This is evident from the averments made in paragraph 8 of the statement of objections filed by the BDA. Therefore, in lieu of utilization of unacquired 36 guntas of land belonging to the petitioners, respondent-BDA allotted 15 sites of different dimensions. However, as BDA did not execute registered sale deeds in favour of the petitioners in respect of the sites allotted, petitioners have been constrained to approach this Court seeking direction in this connection.