AI Structured Summary
Not yet generated for this judgment
Judgment
The writ appeal is barred by limitation, that is, there is
a delay of 27 days in filing the appeal. But, having regard of
long pendency of the matter, we considered the appeal on
merits.
The land measuring 30'' x 50'' in survey number
33/1 of Shivanahalli Village, Yeshwanthapura Hobli,
Bengaluru North Taluk was acquired by the Bengaluru
Development Authority (''BDA'' for short) from the respondent-
writ petitioner. It was promised that an alternative site would
be granted to him. The respondent-writ petitioner waited for a
long time and, thereafter, approached this Court for a
direction to the BDA to allot an alternative site.
The Honb''le Single Judge found that there was a
promise by the BDA to allot an alternative site measuring
30''x50'' in favour of the respondent-writ petitioner. Therefore,
the Hon''ble Single Judge directed the BDA to allot an
alternative site to the respondent-writ petitioner within three
months at the rate prevailing as on the date the site was
acquired by the BDA. It was, further, ordered that in case the
BDA was not in a position to allot any alternative site, it
would pay the market value of the acquired site as on
January 24, 2017.
We do not find any merit in the writ appeal nor
any fault in the order passed by the Hon''ble Single Judge
requiring interference.
That apart, there is a delay in filing the writ
appeal. In view of the fact that we find no merit in the appeal,
the application for the condonation of delay is dismissed.
Consequently, the appeal is, also, dismissed.
In view of the dismissal of the appeal, the pending
interlocutory application for stay does not survive for
consideration and it is, therefore, dismissed accordingly.
We make no order as to costs.