High CourtsDIVISION BENCH(2017) 09 KAR CK 0049

BANGALORE DEVELOPMENT AUTHORITY vs SRI NENALAL, & ANR.

Karnataka High Court · Decided on 20 September 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.Dinesh Kumar
CASE NUMBER
1392 of 2016 (LA-BDA)

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Judgment

9 paragraphs · 269 words
1.

The property of the writ petitioner was utilized by the Bengaluru Development Authority (for short ''the BDA''), without initiating any proceeding for acquisition.

2.

By the order impugned, the Hon''ble Single Judge directed the BDA to submit a report by May 30, 2016. In default, it was observed that adverse inference would be drawn and the allegations made against the officials of the BDA would prima facie be accepted and further enquiry would be ordered.

3.

The writ petitioner''s contention was that when he approached for redressal of his grievance, the officials of the BDA demanded money from him. In that background, the aforesaid order was passed.

4.

Admittedly, the property of the writ petitioner was utilized without due process of law. We feel that the writ petitioner is entitled to compensation at the present market value of the property.

5.

We, therefore, modify the order impugned and dispose of this writ appeal by directing the BDA to assess compensation of the property, in accordance with law, payable as on April 18, 2016, that is, the date of the order of the Hon''ble Single Judge and to pay such compensation to the writ petitioner, as expeditiously as possible.

6.

We trust and hope that the entire exercise will be completed by two months.

7.

In view of the order passed today, Mr.Shashikiran Shetty, learned senior advocate appearing for the respondent No.1 -writ petitioner, submits that he will not be pressing the writ petition before the Hon''ble Single Judge.

8.

We accept his submission and the writ petition stands disposed of.

9.

We make no order as to costs.