A R SUBARAO Vs. BANGALORE DEVELOPMENT AUTHORITY BANGALORE

JUDGEMENT

(1.) APPELLANT filed the writ petition challenging the legality of the order Annexure-A, dated 27-3-1997 passed by the Commissioner of Bangalore Development Authority in LAC No. 619/86-87 seeking quashing of the said order and a direction to reconsider the representation of the appellant dated 5-8-1996 in terms of the Government Order dated 7-11-1995 bearing No. HUD 341 MNX 95, and as per order passed in W. P. No. 30490 of 1996, dated 21-11-1996. Single Judge dismissed the writ petition by the impugned order. Aggrieved by the order of the single Judge present appeal has been filed challenging the order of the Single Judge and the order passed by the Commissioner, BDA-Annexure-A.

(2.) IN the petition it was averred that late Venkatanarayanappa predecessor in interest of the appellants owned land measuring 17 acres 12 guntas in Sy. No. 15 of Hatralakunte Village, begur Hobli. He built a tank on the aforesaid survey number and the land was called as 'bandekere'. By a Gazette notification dated 25-12-1986 Sy. No. 15 of Hatralakunte Village was notified for acquisition by the respondent for a scheme framed by the BDA. Along with Sy. No. 15 other properties of the appellants in Sy. Nos. 8, 9, 10, 11 and 16 were also notified. That the government did not pass any award in respect of the land in Sy. No. 15 and no compensation was paid. Without passing an award and without paying the compensation, the authorities tried to take possession of the land in 1992. Appellants filed W. P. Nos. 19399 to 19401 of 1992 in this court which came up for preliminary hearing on 1st of July, 1992, This Court passed an interim order staying the dispossession of the appellant from the land. The aforesaid interim order remained in force till the disposal of the writ petition on 5-11-1996. On a statement made by the counsel for the appellant the writ petitions were dismissed reserving liberty with them to file a fresh petition if necessary.

(3.) IT is further averred that on 17-11-1995 the State of Karnataka issued a Government Order annexure-E, by which release of property notified for acquisition for the purpose mentioned therein was allowed to be permitted by the BDA in favour of the owners of the land. The three below mentioned schemes were approved: