P. G. BELLIAPPA Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner, a senior citizen is invoking the writ jurisdiction of this Court complaining against a callous and grossly culpable act of the respondent - BDA in unauthorizedly and high handedly appropriating his land ad measuring 63162 Sq. Ft. in site No.19 of Jettagararahalli Village, Hemmigepura Grama, Kengeri Hobli, Banashankari 6th Stage, Bengaluru, without any acquisition process.

(2.) The respondent - BDA after service of notice, has entered appearance and filed a Statement of Objections has specifically admitted at Para No.5 thereof that it has "utilized petitioner's land ad measuring 63000 Sq. Ft. for the formation of roads, parks and sites without acquiring the said lands" for the purpose of Banashankari 6th Stage Layout. In the Statement of Objections at para No.7 the respondent - BDA states that it would give 50% of the developed land i.e., 17296 Sq. Ft. to the petitioner in terms of Government Order dated 09.10.2018 in the same layout subject to availability or in the alternative, in some other layout.

(3.) Learned counsel for the petitioner vehemently contends that utilization of citizen's land by the respondent - BDA, a statutory authority sans acquisition according to law is nothing but robbery of the citizen and despite repeated request, not paying the compensation is grossly violative of petitioner's constitutional Right to property guaranteed under Article 300-A of the Constitution of India. The violation is aggravated because of enormous delay of about 16 years in not giving the recompense to the citizen that too without any justification whatsoever and therefore, a direction be issued to the respondent - BDA to restore the land and further, to pay to the petitioner a compensation of Rupees Five Crore for illegal utilization of the petition land for decades without paying one single rupee till date. He also brought to the notice of Court certain assurances given by the BDA by passing the Resolutions for giving 50% of the utilized land to the petitioner.