1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY 2. BANGALORE DEVELOPMENT AUTHORITY versus 1. SMT. RATHNAMMA 2. SRI G ARVIND 3. SMT. RADHAMMA

1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY 2. BANGALORE DEVELOPMENT AUTHORITY versus 1. SMT. RATHNAMMA 2. SRI G ARVIND 3. SMT. RADHAMMA

Because the respondents' acquisition, voluntary surrender, possession, final notifications and deposit of compensation were completed before 27.11.2002, the Amended Incentive Rules (effective 27.11.2002) did not apply and the entitlement is to be determined with reference to the position as of completion; accordingly the allotments already made stand confirmed and no further allotment is due.

Parties
Appellant: The Commissioner, Bangalore Development Authority; Appellant: Bangalore Development Authority; Respondent: Smt. Rathnamma; Respondent: Sri G Arvind; Respondent: Smt. Radhamma
Jurisdiction
India
Judgment Date
03 January 2025
Procedural Posture
Civil Appeal No. 3764 of 2025 / Final Judgment of the Supreme Court on Appeal From the High Court Order Dated 01.07.2019
Outcome
Appeal allowed
Legal Topics
Incentive Scheme for Voluntary Surrender of Land, Allotment of Sites, Applicability of Amended Rules
Land Acquisition Urban Development Administrative Law Incentive Scheme for Voluntary Surrender of Land Allotment of Sites Applicability of Amended Rules

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Parties

The Commissioner, Bangalore Development Authority

Appellant

Bangalore Development Authority

Appellant

Smt. Rathnamma

Respondent

Sri G Arvind

Respondent

Smt. Radhamma

Respondent

Procedural Posture

Civil Appeal No. 3764 of 2025 / Final Judgment of the Supreme Court on Appeal From the High Court Order Dated 01.07.2019

Legal Issues

  1. 1 Whether the original Incentive Rules, 1989 or the Amended Incentive Rules (effective 27.11.2002) apply
  2. 2 Whether entitlement for allotment crystallizes on the date of voluntary surrender/acquisition completion or on the date of application for allotment
  3. 3 Whether respondents are entitled to additional allotment under the Amended Incentive Rules

Ratio Decidendi

Because the respondents' acquisition, voluntary surrender, possession, final notifications and deposit of compensation were completed before 27.11.2002, the Amended Incentive Rules (effective 27.11.2002) did not apply and the entitlement is to be determined with reference to the position as of completion; accordingly the allotments already made stand confirmed and no further allotment is due.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of the High Court set aside
  • Allotments already made and transferred by sale deeds (two 40 ft. x 60 ft. sites and two 40 ft. x 30 ft. sites) confirmed