Disposed

Sri Tejraj Gulecha v. the Commissioner

Karnataka HC7 Nov 2024WP/14109/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus to the BDA for allotment of alternative site and release of compensation with statutory interest for 2 acres acquired at Kengeri. Court held that without a demand-and-refusal scenario mandamus would not lie; permitted petitioner to make representation to BDA for consideration.

What did the court decide?

Permission granted to petitioner to submit representation to respondent-BDA seeking alternative site; BDA to consider it in accordance with law.

Sri Tejraj Gulecha Vs the Commissioner — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:44851 WP No. 14109 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.14109 OF 2024 (BDA)

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BETWEEN:

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SRI. TEJRAJ GULECHA S/O PUKRAJ GULECHA REP. BY HIS GPA HOLDER

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SRI A.R. MEHBOOB, S/O LATE ABDUL REHAN, AGED ABOUT 70 YEARS, R/AT NO.70, 4^TH CROSS, 9^TH MAIN ROAD, NEAR ST. THOMS SCHOOL, LAYOUT, 1^ST STAGE, TAVAREKERE, BENGALURU - 560 029.

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…PETITIONER

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(BY SMT. SUMITRA A., ADVOCATE)

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Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

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AND:

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THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, MALLESWARAM, BENGALURU-560020.

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…RESPONDENT

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(BY SRI. K. KRISHNA, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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NC: 2024:KHC:44851 WP No. 14109 of 2024

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DIRECT THE RESPONDENT TO ALLOT 19,126 SQ.FT FOR ACQUIRING HIS 2 ACRES OF LAND IN SY.NO.208 OF KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK FOR THE PURPOSE OF FORMING THE SIR. M.V. VISHWESHWARIAH LAYOUT AND DIRECT THE RESPONDENT TO RELEASE THE COMPENSATION FOR ACQUIRING OF 2 ACRES OF LAND IN THE ABOVE SAID SY.NO.208 WITH APPLICABLE STATUTORY INTEREST, SOLATIUM AND PENAL INTEREST FOR CAUSING DELAY IN RELEASING THE COMPENSATION AMOUNT WITHIN A TIME FRAME OF 30 DAYS FORM THE DATE OF DIRECTION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Sri. K. Krishna, learned counsel accepts notice for

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respondent-BDA.

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Heard the learned counsel appearing for the

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parties.

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In this writ petition, the petitioner is seeking

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issuance of writ of mandamus to respondent to allot 19.126 Sq.Ft., of land for having acquired his 02 acres of land in Sy No.208 of Kengeri Village, Kengeri Hobli,

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NC: 2024:KHC:44851 WP No. 14109 of 2024

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Bangalore South Taluk for the purpose of forming the Sir.M.V.Vishweshwaraiah Layout.

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In that view of the matter, since there is no

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demand and refusal on the part of the petitioner as well as respondent, and therefore, writ of mandamus would not lie. Accordingly, the petitioner is permitted to make representation to the respondent-BDA, seeking alternative site as sought in writ petition. If such representation is made by the petitioner, same may be considered by the respondent-BDA in accordance with law. Accordingly, the writ petition is

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disposed of .

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SD/(E.S.INDIRESH) JUDGE

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List No.: 1 Sl No.: 21

Sri Tejraj Gulecha v. the Commissioner

Case brief

What is this about?

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Sri Tejraj Gulecha v. the Commissioner

Case brief

What is this about?

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