Case Note & Summary
The petitioner, a senior citizen, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka, Bengaluru, complaining against the Bangalore Development Authority (BDA) for unauthorizedly and high-handedly appropriating his land admeasuring 63162 sq. ft. in site No.19 of Jettagarahalli Village, Hemmigepura Grama, Kengeri Hobli, Banashankari 6th Stage, Bengaluru, without any acquisition process. The BDA, after service of notice, filed a Statement of Objections admitting at para No.5 that it had utilized the petitioner's land admeasuring 63000 sq. ft. for the formation of roads, parks and sites without acquiring the said lands for the purpose of Banashankari 6th Stage Layout. At para No.7, the BDA stated that it would give 50% of the developed land i.e., 17296 sq. ft. to the petitioner in terms of Government Order dated 09.10.2018 in the same layout subject to availability or in the alternative, in some other layout. The petitioner's counsel vehemently contended that the BDA's act was illegal and sought a direction to hand over vacant possession. The court, after hearing both sides, found the BDA's act to be callous and grossly culpable. The court directed the BDA to hand over vacant possession of the land to the petitioner within a specified period, failing which the BDA would be liable to pay compensation. The court also noted the BDA's offer to provide alternative developed land as per the Government Order.
Headnote
A) Constitutional Law - Writ Jurisdiction - Unauthorized Appropriation of Land - Article 226 of the Constitution of India - Petitioner, a senior citizen, sought writ of mandamus against BDA for unauthorizedly appropriating his land admeasuring 63162 sq. ft. without any acquisition process - BDA admitted using the land for formation of roads, parks and sites - Court held that BDA's act was callous and grossly culpable, and directed BDA to hand over vacant possession of the land or provide alternative developed land as per Government Order dated 09.10.2018 (Paras 1-3).
Issue of Consideration
Whether the Bangalore Development Authority (BDA) can be directed to hand over vacant possession of land which it has unauthorizedly appropriated without following the acquisition process.
Final Decision
The court directed the respondent-BDA to hand over vacant possession of the land to the petitioner within a specified period, failing which the BDA would be liable to pay compensation. The court also noted the BDA's offer to provide alternative developed land as per Government Order dated 09.10.2018.
Law Points
- Writ jurisdiction under Article 226 of the Constitution of India
- Unauthorized appropriation of land without acquisition
- Right to property
- Government Order dated 09.10.2018
