Smt. Manjula v. the Commissioner
Case brief
What is this about?
Karnataka High Court; BDA land acquisition; Nadaprabhu Kempegowda Layout; Sy.No.28 K. Krishna Sagara, Kengeri Hobli, Bengaluru South Taluk; preliminary notification 21.05.2008 under Section 17(1) and 3 of the BDA Act; final notification 16.02.2010 (Gazette 18.02.2010); site purchasers not heard; W.A.No.1783/2014, Bangalore Development Authority vs. Sri. R. Shankaran and others, 2024 SCC OnLine Kar 27144 (Division Bench, judgment dated 22.02.2024); writ petitions allowed in part and disposed of on similar lines; applications to be made within three months; dropping of lands from acquisition or allotment under BDA (Allotment of Sites) Rules 1984 and BDA (Incentive Scheme for Voluntary Surrender of Land) Rules 1989; possession of petitioners not to be disturbed until consideration.
What did the court decide?
Petitions allowed in part and disposed of on the lines of the Division Bench judgment dated 22.02.2024 in W.A.No.1783/2014 and connected appeals (Bangalore Development Authority and another vs. Sri. R. Shankaran and others, 2024 SCC OnLine Kar 27144): petitioners to make applications as contemplated in that judgment (for dropping of lands from acquisition or registration and allotment of alternate sites under the BDA (Allotment of Sites) Rules, 1984 and the BDA (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989) within three months from receipt of a certified copy of this Order; the BDA to consider the requests in accordance with law and as directed by the Division Bench; and until consideration, respondent Nos.1 and 2 not to disturb the petitioners' possession of the sites purchased by them, if not already dispossessed.