P.G.BELLIAPPA Vs. COMMISSIONER

JUDGEMENT

(1.) This is one of the several cases we have come across where the Bangalore Development Authority (for short "BDA"?) constituted under the Bangalore Development Authority Act, 1976 (for short, 'BDA Act') has illegally taken over possession of a private property belonging to the respondent without acquiring the same in accordance with law.

(2.) It will be necessary to make a brief reference to the factual controversy in the writ petition. The land subject matter of the writ petition filed by the respondent is site bearing No.19 which is more particularly described in paragraph 1 of the petition (hereafter referred to as 'the schedule land'). The case made out in the writ petition filed by the respondent is simple. It is pleaded that BDA (the appellant herein) approached the respondent for taking over the said site for the purpose of formation of roads. The respondent agreed on the condition that there would be a valid acquisition proceedings and an area equivalent to 50% of the area of the land acquired will be given to him as a developed site.

(3.) On 7th February, 2002, BDA passed a resolution and resolved to allot 50% of the area in BSK VI Stage Layout to the respondent. The respondent pointed out that no acquisition proceedings were initiated and the matter was in limbo for quite some time. But BDA addressed a letter to the respondent offering an area of 31,613.15 sq. feet which is equivalent to 50% of the schedule land which was already utilized by BDA without acquisition.