ALAMMA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Aggrieved by the impugned order dated 18.11.2015 passed by the learned single Judge in W.P.Nos.13694- 13695 of 2015, by which the petitions were disposed off, the writ petitioners are in appeals.

(2.) The petitioners filed writ petitions under Articles 226 and 227 of the Constitution of India praying for a mandamus directing the respondent-Bengaluru Development Authority (for short "the BDA") to consider the case of the petitioners request for allotment of remaining 50% of the land in terms of the order of this court in W.P.No.46259/2013 (Annexure-E). The petitioners claim that 24 guntas of land in Sy.No.7 of Nagadevanahalli village, Kengeri Hobli, Bengaluru South Taluk is utilized by the respondent-BDA for formation of 100 feet road connecting Mysuru Road and Magadi Road without acquiring the land and without paying any compensation. It is stated that the respondent-officials of the BDA assured the petitioners to compensate by allotting 100% land, equivalent to the petitioner's land utilized for formation of road. The petitioners further state that the petitioners requested the respondents-BDA to allot 100% of the land utilized by them, but the respondents-BDA allotted only 50% of the land in favour of the petitioners as per the resolution No. 394 of 2011. It is stated that the petitioners were entitled for 12 guntas of land whereas the BDA has allotted only 6 guntas. It is asserted that the petitioners are entitled for 6 more guntas of land. The learned single Judge by impugned order found that the respondents-BDA has failed to follow the procedure known to law in the matter of acquisition of land for formation of road and held that the petitioners would be entitled to 100% of the value of the land utilized by the respondent-BDA or for allotment of developed land equivalent to land value. Relying on the order passed by this Court (Annexure-E) dated 16.09.2014 in W.P.No.46259 of 2013, the learned single Judge directed the BDA to evaluate the market value of the land of the petitioners utilized for formation of road and to allot them sites equivalent to the value of land utilized accordingly. It is stated that the BDA has conveyed already four sites being developed land to the petitioners. The learned single Judge directed the respondent-BDA to value the sites already allotted and if values of all the four sites put together is in excess of value of 24 guntas of land, then they would have to recover the balance from the petitioners and if the value is less than the value of 24 guntas, the BDA will have to compensate the petitioners by equivalent value of developed land. The petitioners being aggrieved by the said order are in appeals.

(3.) Heard the learned counsels for the appellants and learned counsel for the respondent-BDA and perused the appeal papers.