Sri C.S. Chandrashekar vs The Bangalore Development Authority

Sri Bhadrinath, the learned counsel for the petitioner submits that this matter is squarely covered by this Court''s order dated 06.06.2006 passed in W.P. No. 44949/2003 & other connected matters and dated 12.09.2011 passed in W.P. No. 13744/2011.

This petition is also disposed of in terms of the order, dated 06.06.2006 passed in W.P. No. 44949/2003 and other connected matters with the following:

(A) The petitioners who are all the owners of sites in question (not duly converted for non-agricultural use in accordance with law) which are acquired are entitled to the following reliefs :

(i) These petitioners shall register themselves as applicants for allotment of sites under the Bangalore Development Authority (Allotment of Sites) Rules, 1984, within a period of two months from today (extendable by another one month by BDA, if sufficient cause is shown). Petitioners will have to pay only the registration fee. They need not pay initial deposit as their sites have been acquired and they are not entitled to receive compensation in regard to the sites under this arrangement.

(ii) The petitioners shall file applications for allotment of sites to BDA within three months from today, in the prescribed form stating that they are applicants who were the petitioners in these writ petitions. Petitioners shall file their documents with BDA along with the application to verify the same

(iii) BDA will treat them as applicants entitled to priority in allotment and allot each of them a site measuring 30'' X 40'' in "Further Extension of Banashankari 6th Phase'' or in any other nearby layouts in Bangalore at the prevailing allotment prices subject to petitioners satisfying the twin requirements for allotment under the BDA (Allotment of Sites) Rules, 1984, that they must be the residents of Bangalore (ten years domicile) and should not be owning any residential property in Bangalore.

(iv) If there are no rival claimants for compensation in regard to the plots claimed by the petitioners, and if the ownership of the petitioners in regard to their respective sites which have been acquired is not disputed, BDA shall calculate the compensation payable to the petitioners and give credit to the same by adjusting the same towards the allotment price for the site to be allotted and call upon the petitioners to pay the balance. Petitioners shall be given six months time for making payment (to enable petitioners to know the amount of compensation, which they will be entitled and to ascertain how much balance they should pay).

(v) If there are rival claimants in regard to the survey numbers or the sites or if any petitioners'' title in regard to the sites are challenged, BDA shall make a reference in regard to the compensation in regard to such site/land in question, to the Civil Court under Section-30 of the Land Acquisition Act, 1894, and the petitioners will have to sort out the matter before the Reference Court. In that event, such petitioners will have to pay the full allotment price within the time stipulated, without seeking adjustment of compensation for the acquired site.

(vi) If any of the petitioners does not fulfil the requirements for allotment, under the allotment. Rules, their cases may be considered for allotment of 20'' X 30'' sites as per the Rules containing incentive scheme for voluntary surrender of land. For the purpose of the said scheme, such petitioners will be deemed to have voluntarily surrendered the sites.

(vii) The above scheme will be available to only those who are owners, as a consequence of execution of registered sale deeds in their favour prior to the date of preliminary notification (and not to GPA/Agreement Holders).

(viii) The Authorities shall also consider whether these petitioners have purchased the sizes by way of investment or with the intention of having a roof over their head and based on the said consideration, to pass appropriate orders, in the light of the observations made in this order.

B-(i) All the petitioners who are the landowners/converted site owners (duly converted for non-agricultural use of land, in accordance with law), who are seeking dropping of the acquisition proceedings in so far as their respective lands/sites are concerned, on the ground that:(a) their lands are situated within green belt area (h) they are totally built, up; (c) converted for non-agricultural use; (d) garden and recognised nursery lands; (e) who have built hospitals, educational institutions and factories; (f) who have not been served with the notice of acquisition and (g) who are in doubi about the inclusion of their land in the notification are permitted to make appropriate application to the authorities seeking such exclusion and exemption and producing documents to substantiate their contentions within three months from the date of this order.

(ii) It is made clear that the authority shall consider such request keeping in mind the status of the land as on the date of preliminary notification and to exclude any developments, improvements, constructions put up subsequent to the preliminary notification and then decide whether their cases are similar to that of the landowners whose objections were upheld and in respect of those lands no final notification is issued

(iii) In the event the Authority comes to the conclusion that those persons are similarly placed and are covered by the Resolution of the BDA dated 28.06.2003 in Subject No. 177/2003, then to de-notify their lands/sites, built up portion and exclude them from acquisition

(iv) Petitioners who are interested in availing this benefit shall make appropriate application within 90 days from the date of this order and thereafter, the authority shall give notice to those persons, hear them and pass appropriate orders expeditiously.

(C) Till the aforesaid exercise is undertaken by the Authority on the application filed by the petitioners either for allotment of site or for de-notifying or exemption sought for are considered, their possession shall not be disturbed and the existing construction shall not be demolished. After consideration of the application in the light of the aforesaid direction, the Authorities are at liberty to proceed with the acquisition.

(D) The suggestion made by this Court in paragraph-25 during the course of this order may be considered in all earnestness, particularly, in the cases of those who have already put up construction and living therein prior to preliminary notification.

This petition is disposed of in terms of the above extracted order by giving three months'' time to the petitioner to tile the necessary application for the allotment of an alternative site. No order as to costs.