Landowner sought compensation or transferable development rights after BDA allegedly used his land without acquisition. BDA undertook to survey; the court directed that if land was utilised without acquisition, compensation be paid as on the date of joint survey, within three months, and disposed of the petition.
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NC: 2024:KHC:22210 WP No. 6369 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.6369 OF 2024 (LA-BDA)
BETWEEN:
…PETITIONER
(BY SRI P.N. RAJESWARA, ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
URBAN DEVELOPMENT DEPARTMENT DR. B.R. AMBEDKAR ROAD BENGALURU-560 001.
NC: 2024:KHC:22210 WP No. 6369 of 2024
T. CHOWDAIAH ROAD KUMARA PARK WEST
BENGALURU-560 020.
…RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R.1; SRI B. VACHAN, ADVOCATE FOR R.2 TO R.4.)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT/ORDER/DIRECTION DIRECTING THE RESPONDENTS TO EITHER PAY COMPENSATION OR ISSUE TRANSFER DEVELOPMENT RIGHTS TO THE PETITIONER IN RESPECT OF UTILIZATION OF PETITIONER'S LAND MEASURING 16½ GUNTAS OUT OF 32½ GUNTAS CONVERTED LAND IN SY.NO.36/2 OF SRIRAMPURA VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BENGALURU URBAN DISTRICT AS PER PETITIONER'S REPRESENTATION DATED 13.10.2023 AT ANNEXURE-A, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:22210 WP No. 6369 of 2024
utilized without acquisition, compensation shall be paid to the petitioner in accordance with law.
not the grievance of the petitioner that he is not willing to
give up his land for the said public purpose, but he only
wants a just and fair compensation and he has no grievance if the irregularity is regularized. If the encroachment were to be ordered to be vacated reserving the liberty to the respondents to again acquire the same in the manner known to law, then in that event, the respondents will be required to pay compensation to the land loser as on the date of issuance of preliminary notification. Under the circumstances, as the irregularity,
if any, is being regularized, it would be appropriate to determine the date for determining the compensation as the date on which respondent nos.2 to 4 conducts the joint survey and comes to the conclusion as to encroachment or not in respect of the land concerned.
ORDER
i. Respondent Nos.2 to 4 shall conduct necessary survey and if it is found that the land
NC: 2024:KHC:22210 WP No. 6369 of 2024
of the petitioner has been utilized without acquisition, they shall pay the compensation payable as on the date of conducting the joint survey in respect of the land concerned. The said exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.
ii. The writ petition is accordingly disposed
of .
Sd/JUDGE
VMB/hkh. List No.: 1 Sl No.: 51
1 issue framed by the court
Was the petitioner's land utilised by BDA without acquisition, and should compensation or TDR be paid for it?
1 provisions across 1 enactments
Sri T.A. Gurubalaji
State of Karnataka, Urban Development Department
Bengaluru Development Authority
Deputy Commissioner (Land Acquisition Officer), BDA
Additional Land Acquisition Officer, BDA
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
