This petition seeks direction to grant adjoining land based on 2012 guidance value instead of market value and prevent alienation. The court directed the BDA to consider the unaddressed representation dated 20.02.2015 within eight weeks.
Directed BDA to consider the representation dated 20.02.2015 and pass orders within 8 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 25232 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 25232 OF 2019 (BDA)
BETWEEN:
SMT. RANGAMMA W/O LATE KAMANNA, AGED ABOUT 78 YEARS RESIDING AT NO.31, SONNENAHALLI, ULLALU BENGALURU KARNATAKA-560056. …PETITIONER (BY SRI. SHIVAPRASAD SHANTANAGOUDAR .,ADVOCATE) AND:
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI. K. DILIP KUMAR, HCGP FOR R1 SMT. PUSHPAKANTHA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO GRANT THE ADJOINING PROTION OF LAND AFTER RECEIVING AN AMOUNT BASED ON GUIDANCE VALUE AS PREVAILING IN THE YEAR 2012 AND NOT MARKET VALUE GRANT AN INTERIM ORDER TO DIRECT R-2 TO NOT GRANT OR ALIENATE THE LAND IN QUESTION IN THE REPRESENTATION MADE BY THE PETITIONER TILL FINAL DISPOSAL OF THE PRESENT WRIT PETITION.
WP No. 25232 of 2019
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B GROUP', THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
a. Pass a writ in the nature of mandamus directing Respondent No.2 to grant the adjoining portion of land after receiving an amount based on guidance value as prevailing in the year 2012 and not market value.
b. Any such writ/order/direction that this Hon'ble Court deems fit in the facts and circumstances of the present case.
WP No. 25232 of 2019
representation on 20.02.2015. On consideration of the same, the value was reduced to Rs.24,21,900/-. Despite having made the payment of the said amount, the marginal land was not allotted to the petitioner. The petitioner has further sought for reduction of the amount on the prevailing guidance value. In that background, the petitioner is before this Court.
WP No. 25232 of 2019
furnished by the petitioner, without waiting for certified copy thereof. If respondent has any doubt about the order, respondent may verify the contents of the order from the website of this Court and/or from the learned panel advocate appearing in the matter. The QR code on this order could also be scanned to view the website of the High Court to verify the order.
Sd/JUDGE
CS
1 issue framed by the court
Whether the respondent-BDA was directed to consider the petitioner's representation regarding marginal land allotment.
Smt. Rangamma W/o Late Kannanna
State of Karnataka
Bangalore Development Authority
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
