A revenue site holder acquired out for Dr Shivaramakaranth Layout sought alternative site allotment or compensation. Relying on the Apex Court's scheme for revenue site holders, the court disposed of the petition by relegating the petitioner to the Bopaiah Committee, directing BDA publicity and timelines, and maintaining status quo meanwhile.
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.
NC: 2024:KHC:29255-DB WP No. 19643 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19643 OF 2024 (LA-BDA)
BETWEEN:
MOHAN S.S., AGED ABOUT 41 YEARS, S/O SHIVAKUMAR, R/AT KALABYRAVESHWARA NILAYA, NO.27, 1ST MAIN ROAD, 2ND 'A' CROSS, HAVANUR EXTENSION, WARD NO. 14, HESARAGATTA MAIN ROAD, NAGASANDRA POST, BENGALURU – 560 073.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
(BY SRI S.BASAVARAJ, SR.ADVOCATE FOR SRI UDAY SHANKAR M., ADVOCATE)
…PETITIONER
AND:
NC: 2024:KHC:29255-DB WP No. 19643 of 2024
…RESPONDENTS
(BY SRI VIKRAM HUILGOL, AAG A/W SRI SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS i) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO ALLOT ALTERNATIVE SITE TO THE PETITIONER IN LIEU OF THE ACQUISITION MADE (OR); ii) DIRECT THE RESPONDENTS TO COMPENSATE THE PETITIONER IN LIEU OF THE ACQUISITION MADE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, M.NAGAPRASANNA J., MADE THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
(PER: HON'BLE MR JUSTICE M.NAGAPRASANNA)
Heard Sri S Basavaraj, learned senior counsel appearing for petitioner, Sri Vikram Huilgol, learned Additional Advocate General along with Sri Shivaprasad M. Shantanagoudar,
learned counsel appearing for respondents/Bangalore Development Authority (‘BDA’ for short).
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in those layouts have been permitted to apply for allotment of
sites measuring 30x40’. The Apex Court observes as follows:
“…. ….
(4) In our Order dated 18.03.2021, we had observed as under:
"It appears that certain persons belonging to poor and middle-income groups have purchased house sites from the land owners whose lands have been notified for the acquisition for the formation of the lay-out in question, prior to the date of the judgment dated 03.08.2018. We are of the view that their grievances also require to be redressed. we are informed that similar grievances of the purchasers of the sites in other layouts formed by the Bangalore Development Authority have been redressed by the Bangalore Development Authority. The Commissioner, Bangalore Development Authority, is directed to place on record the mode and manner of redressal of the grievances of such site-holders adopted by the Bangalore Development Authority in the previously formed lay-outs within a period of four weeks from today."
(5) In compliance of the above order, the Commissioner, Bangalore Development Authority (B.D.A.), has filed an affidavit dated 12.04.2021 stating that in respect of the previous lay-outs formed by the B.D.A. such as Anjanapura Layout, sir M. Vishweshwaraiah Layout, Banashankari 6th Stage layout, the purchasers of the revenue sites in those lay-outs have been permitted to apply for allotment of sites measuring 30 ft. x 40 ft. even though the sites purchased by them are bigger in dimension. The affidavit also indicates the other conditions based on which the sites were allotted to the revenue site holders.
(6) In consideration of the above, we are of the view that the purchasers of sites in Dr. Shivaram Karanth Layout are entitled for allotment of sites provided that their purchase of such sites is prior to the date of the judgment i.e. 03.08.2018.
(7) The purchasers of the sites in Dr. Shivaram Karanth Layout are permitted to get themselves registered in the B.D.A. as applicants for allotment of sites under the Bangalore Development Authority (Allotment of Sites) Rules, 1984 ("B.D.A. Allotment of Site Rules") within 4 months from today.
(8) These purchasers should not he owning any other residential property in Bangalore and surrounding vicinity. They shall be bound by all the other terms and conditions for allotment of sites as per the B.D.A. Allotment of Site Rules.
(9) The General Power of Attorney holders and persons having an Agreement to Sell are not entitled for allotment of the sites.
(10) Purchasers of sites, through registered sale deeds, prior to 03.08.2018, are alone entitled for allotment of sites as per this order.
(11) The B.D.A. shall calculate the compensation payable to the applicants in respect of their acquired sites and give credit accordingly by adjusting the same towards the allotment price for the sites to be allotted and call upon the applicants to pay the balance, if any.
(12) The allotment of sites is restricted to sites measuring 30 ft. x40 ft. being the maximum extent irrespective of the measurement of their sites that have been acquired by the B.D.A.
(13) The applicants have to withdraw the cases filed by them, if any, challenging the acquisition of their lands, before filing an application with the B.D.A. in terms of this order
(14) The purchasers of the sites are permitted to apply for allotment of sites to the B.D.A. along with selfcertified photocopy of the title deeds on or before 17.09.2021. It is clarified that they need not pay the initial deposit. The documents submitted by the applicants along with their applications for allotment of sites in terms of this order shall be referred by the Commissioner, B.D.A., to a committee of retired District Judges comprising of a Chairman and two Members. The
NC: 2024:KHC:29255-DB WP No. 19643 of 2024
Committee so appointed shall examine the title deed of the applicants and submit a report as to the ownership of the sites to the Commissioner, B.D.A. The rival claim(s), if any, shall also be decided by the committee. The B.D.A. would allot sites only to those applicants who are duly certified by this Committee as the owners, subject to their satisfying other conditions of this order.”
The Apex Court, in terms of the aforesaid order, directed constitution of a Committee to go in the issue of revenue site holders. In furtherance of the direction so issued, Bopaiah Committee is constituted to specifically go into the issue of the revenue site holders and their respective claim.
the petitioner will have to be relegated to appear before the Committee, as in terms of the said order, it is for the Committee to decide the grievance of the petitioner and answer the same. In that light, we are of the considered view that this petition could be disposed, with a direction to the Committee to consider the grievance of the petitioner – revenue site holder and redress the same.
ORDER
(a) The petition stands disposed.
(b) The petitioner is relegated to appear before the Committee qua his grievances.
NC: 2024:KHC:29255-DB WP No. 19643 of 2024
electronic media to sensitize the applicants who
are revenue site holders in
Dr.Shivaramakaranth Layout, to submit their applications before the Bopaiah Committee.
(f) The Committee is at liberty to take assistance of experts from the BDA to resolve the grievances of the applicants.
(g) The Committee is granted three (3) months time from the last date indicated in terms of clause (d) supra i.e., the last date for receipt of the applications from the applicants – revenue site holders, to resolve the dispute, strictly in consonance with law.
NC: 2024:KHC:29255-DB WP No. 19643 of 2024
Ordered accordingly.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(M. NAGAPRASANNA) JUDGE
BKP/List No.: 1 Sl No.: 23
1 issue framed by the court
Whether the petitioner, a revenue site holder whose site was acquired for Dr Shivaramakaranth Layout, should be relegated to the Bopaiah Committee for redressal of his grievance.
Colour shows how this judgement treated each authority
Miscellaneous Application Nos.1614-1616 of 2019, order dated 05-05-2021Relied on¶4
1 provisions across 1 enactments
MOHAN S.S.
THE STATE OF KARNATAKA REPRESENTED BY COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY
SPECIAL LAND ACQUISITION OFFICER 01, SHIVARAMA KARANTH LAYOUT, BANGALORE DEVELOPMENT AUTHORITY
KRISHNA S DIXIT
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
