NOOR MOHAMMAD SHARIFI Vs. RAKESH SINGH

JUDGEMENT

(1.) This contempt petition is filed alleging deliberate violation of the order dated 20.06.2013 passed by this Court in W.P.No.47596/2012. The said petition was disposed of recording a finding that complainant herein, Mr.Noor Mohammad Sharifi was the owner of property bearing Sy.No.109, measuring 5 acres 3 guntas, situate at Hemmigepura Village, Kengeri Hobli, Bangalore South Taluk, which had been acquired for the purpose of formation of Banashankari 6th Stage layout. Further it was held that if the Bangalore Development Authority (BDA) had wrongly allotted certain sites under the Incentive Scheme in favour of respondent Nos.3 to 9, who were the previous owners of property in question, it was for the BDA to initiate appropriate action against them and that the writ petitioner/complainant herein was entitled for allotment of sites under the Incentive Scheme. Accordingly the following order was passed:-

(2.) The grievance of the complainant is that though he has moved the BDA seeking allotment of sites under the Incentive Scheme in terms of the directions issued by this Court, as referred to above, so far, no action has been taken to allot the sites under the Incentive Scheme.

(3.) Sri K.Krishna, learned counsel appearing for BDA submits that the question of allotting any sites in Banashankari 6th Stage layout under the Incentive Scheme does not arise, as the said layout had been formed wayback in 2004-2005 and all the sites have already been allotted. He further submits that so far as the subsequent layout formed by BDA, viz., Nadaprabhu Kempegowda Layout is concerned, there are sites, which can be allotted in favour of complainant and therefore, an affidavit dated 11.1.2018 duly sworn to by Special Land Acquisition Officer, BDA is filed, stating inter alia that five sites formed in Nadaprabhu Kempegowda Layout have been allotted in favour of complainant. Indeed in para-3 of the affidavit, the deponent has stated that on 9.7.2014, Deputy Secretary-1 forwarded the file to Deputy Secretary-4 for allotment of sites under the Incentive Scheme. Thereafter, the Deputy Secretary after taking necessary orders from the Commissioner, BDA allotted site Nos.2691, 3542, 3802, 3841 and 2511 in Nadaprabhu Kempegowda Layout as incentive sites to the complainant and the allotment letters thereto have been annexed as Annexures-A1 to A5 to the affidavit.