1. The Commissioner, Bangalore Development Authority 2. Bangalore Development Authority vs 1. Smt. Rathnamma 2. Sri G Arvind 3. Smt. Radhamma

Held: The benefit which the respondents sought to take was that since their application was made on 10.03.2005, the Amended Incentive Rules had already come into effect and thus the consideration should have been made under the Amended Incentive Rules which gave benefit of additional entitlement for allotment of land to the persons who voluntarily opted to surrender their land under the Incentive Rules – The respondents cannot claim any benefit which has to be reckoned from the day when the entire transaction of voluntary surrender of their land stood completed in terms of the acquisition under the relevant statute followed by the notification and handover of possession as also the compensation amount having been deposited; all of which having taken place much prior to 27.11.2002 – In fact, the respondents have been able to maintain their claim only for the reason that no time limit was fixed for the application under the Incentive Rules – However, this cannot be stretched to the limit that the respondents could have waited for a better claim to come in future to claim benefit in a completed transaction much prior to such further benefits being extended – In the present case, it cannot be said that just because the respondents had applied for allotment of sites on 10.03.2005 their case should be considered in terms of the Amended Incentive Rules which itself came into effect from 27.11.2002, especially in the background of all formalities relating to their acquisition of land having stood completed earlier – Further, the respondents never challenged the acquisition before any authority or even the amount of compensation which clearly indicates that they had chosen to voluntary surrender their lands on the basis of what they were aware of, i.e., the original Incentive Rules, and thus in that background they are bound by their conduct and acceptance and cannot later on agitate due to change in the rules at a later date which too came into effect much after things stood crystalized – The allotment already made and transferred through sale deed executed with regard to two sites of 40 ft. x 60 ft. and two sites of 40 ft. x 30 ft. to the respondents stands confirmed and they are held not entitled to any further allotment. [Paras 13, 15]