H.M. SHIVANNA, S/O LATE MALLAPPA AND P. SHIVAGANGAIAH, S/O LATE PUTTASIDDAPPA Vs. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE COMMISSIONER AND THE ADDITIONAL LAND ACQUISITION OFFICER BOTH BANGALORE D

JUDGEMENT

(1.) THE Appellants, who are the Petitioners in the writ petitions, being aggrieved by the order dated 6 -8 -2010 passed by the learned Single Judge in W.P. Nos. 2101 -2104/2010, wherein the learned Single Judge dismissed the writ petition upholding the order dated 5 -1 -2010 passed by the second Respondent, have preferred these appeals.

(2.) THE facts of the case are as follows: The State Government sanctioned an improvement scheme for the formation of a layout called "Sir M. Vishveswaraiah Nagara Layout" by the Bangalore Development Authority. Pursuant to the Scheme approved by the State Government, the BDA issued preliminary notification on 14 -12 -2001 acquiring vast extent of land situated at Kengeri and Yeshwanthpura Hobli and issued notification calling for objections to the said preliminary notification. After considering the objections filed to the preliminary notification, the final notification was issued on 31 -10 -2002. Thereafter, the award has been passed and the BDA has taken possession of the acquired land and issued notification under Section 16(2) of the Land Acquisition Act.

(3.) TILL the aforesaid exercise is undertaken by the Authority and the applications filed by the Petitioners either for allotment of site or for denotifying or exemptions sought for considered their possession shall not be disturbed and the existing constructions shall not be demolished. After consideration of the applications in the light of aforesaid directions, the Authorities are at liberty to proceed with the acquisition. 4. The land belonged to the Appellants has been acquired by the BDA for the purpose of improvement of scheme and formation of the layout called Sir M. Vishweshwarauiah Nagara Layout. The following are the lands belonging to the Appellants have been acquired by the BDA <FRM>JUDGEMENT_882_TLKAR0_2011.htm</FRM>