BANGALORE DEVELOPMENT AUTHORITY Vs. VIJAYA LEASING LTD

JUDGEMENT

(1.) These two appeals arise out of the common judgment of the Division Bench of the Karnataka High Court at Bangalore dated 29.3.2005 in Writ Appeal No.4947 of 2002. Though the issue lies in a narrow compass as to the power of writ court under Article 226 of the Constitution to correct certain errors which is quite apparent on the face of the record though not specifically challenged by a party, in order to appreciate the order of the learned Single Judge dated 26.8.2002 which sought to remedy the manifest injustice by setting aside a notification passed under Section 48 (1) of the Land Acquisition Act dated 27.6.2000 without any specific challenge to the said Notification.

(2.) By the impugned judgment the Division Bench set aside the order of the learned Single Judge on the sole ground that there was no specific challenge to the Notification dated 27.6.2000. To appreciate the points raised, it is necessary to refer to the basic facts in a brief account.

(3.) There was a preliminary Notification dated 21.9.1967 under the provisions of Bangalore Improvement Act, 1945 (Mysore Act V of 1945) which is analogous to Section 4 of the Land Acquisition Act. By the said notification, there was a proposal to acquire survey No.57 of Thippasandra Village, K.R. Puram Hobli by the Government for the formation of a layout called HAL, second stage layout by the appellant herein. The final notification was issued on 15.7.1971 under the same Act purported to be one under Section 6 of the Land Acquisition Act.