H C VENKATASWAMY Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Special leave granted.

(2.) The land owned by the appellants was acquired by Bangalore development Authority (BDA) for a development scheme called "rajamahal vilas II Stage". BDA passed a resolution dated 26-6-1984 where under it was decided that each of the appellants would be given a site measuring 40' x 60' free of cost. BDA did not implement the decision on the ground that the resolution was not approved by the State Government. The appellants challenged the decision of the State Government by way of a writ petition under Article 226 of the Constitution of India before the Karnataka High court. A Division Bench of the High Court by the judgment dated 8-2-1991 dismissed the writ petition. These appeals are directed against the judgment of the High Court.

(3.) We may briefly state the facts: land bearing various survey numbers measuring 1134 acres and 12 guntas owned by the appellants and other landowners was acquired by BDA for the development scheme as stated above. Under the scheme 558 high- income group houses were to be constructed. The appellants and other landowners (all farmers) did not allow the layout work to be carried out by bda primarily on the ground that adequate compensation had not been awarded. The farmers physically obstructed the execution of the scheme. BDA failed to execute the scheme even with the help of police. As stated above, the resistance on the part of the farmers was primarily because of the low compensation offered to them. They were agitating for higher compensation. They also made representations before the State Government. As BDA was keen to execute the scheme, without any further delay it initiated discussion with the farmers to amicably settle the dispute. The settlement reached between the farmers and BDA was finally incorporated in the resolution dated 26-6-1984. The relevant part of the resolution is as under: