COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY Vs. RATHNAMMA

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arises from the judgment and order dtd. 1/7/2019 passed by the High Court of Karnataka at Bengaluru (hereinafter referred to as the 'High Court') in Writ Appeal No. 1166 of 2012 (LA-BDA) (hereinafter referred to as the 'impugned order'), whereby the appeal filed by the appellants was only partly allowed.

(3.) The Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989 (hereinafter referred to as the 'Incentive Rules') were framed under the Bangalore Development Authority Act, 1976 (hereinafter referred to as the 'BDA Act'). On 20/3/1999, a preliminary notification was issued under Sec. 17(1) of the Act proposing to acquire 4 Acres and 15 Guntas of land in survey number 71 at Anjanapura Village, Uttarahalli Hobli, Bangalore South Taluk belonging to the respondents along with other lands for the formation of Anjanapura Township under a scheme prepared by the Bangalore Development Authority (hereinafter referred to as the 'BDA'). On 31/5/2001, the respondents opted for voluntary surrender of their land under the Incentive Rules and possession of the same was taken over under a mahazar dtd. 31/5/2001. Pursuant to this, a final notification was issued under Sec. 19(1) of the Act covering the lands of the respondents along with other lands.