BANGALORE DEVELOPMENT AUTHORITY Vs. R HANUMAIAH

JUDGEMENT

(1.) This appeal is directed against the judgment of the Division Bench of the Karnataka high Court in Writ Petition No. 727 of 1989 wherein and whereunder the Division bench while setting aside the judgment of the learned single Judge in Writ Petition no. 15487 of 1987 issued a direction to the bangalore Development Authority (for short "the BDA") , the appellant herein, to issue possession certificate to the writ petitioner i. e. the 1st respondent herein in respect of 6 acres and 20 guntas of land as per its resolution dated 19.4.1972 and to allot alternative plots/sites of equal size to the persons who had been allotted sites carved out of 6 acres and 20 guntas of land.

(2.) The City of Bangalore Improvement Act, 1945 was enacted by the then Government of Mysore. Under Section 3 of the said Act a Board of Trustees was constituted to implement the purposes of the Act. The board (commonly known as CITB) was given the power to draw the improvement scheme and for undertaking any work for improvement or development of any area in or around the city of Bangalore. The board was also given the power to acquire land by agreement and was deemed to be a local authority for the purposes of Section 50 (2) of the Mysore Land Acquisition act which was in pari materia with the Land acquisition Act of 1894.

(3.) On 28.1.1960 a preliminary notification dated 26.11.1959 was published in the official Gazette proposing to acquire the land of the 1st respondent for formation of a scheme to set up a layout called the koramangala Layout. Final notification was published on 28.9.1965 and the award was made on 29.11.1966. The amount of compensation was paid and in some cases it was deposited in the treasury. 1 st respondent sought a reference for enhancement of the compensation. In the cases in which a reference had been sought by the 1st respondent the amount of compensation was deposited in the Civil Court. Immediately after the passing of the award the possession of the land in question was taken.