BANGALORE DEVELOPMENT AUTHORITY Vs. CHAMUNDESHWARI

JUDGEMENT

(1.) In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961, the appellants have assailed the validity of the order dated 28.03.2014 passed by the learned Single Judge, by which it has inter alia been held that scheme prepared by the appellants herein for development of the land at Old Madras Road and Banasawadi Road Layout has lapsed under Section 27 of the Bangalore Development Authority Act, 1976 (hereinafter referred to as the Act) and the proceeding for acquisition have been quashed. In order to appreciate the appellants grievance, few facts need mention which are stated infra.

(2.) Land measuring 6 acres and 20 guntas of Sy.No.27 of Banasawadi Village along with other lands was required for development of Old Madras Road and Banasawadi Road Layout by the Authority. Thereupon a preliminary Notification under Section 17(1) of the Act was issued on 03.11.1977 and a final Notification under Section 19(1) of the Act was issued on 03.11.1980. An award was passed in respect of the land in question on 08.07.1982 and the possession of the land in question was taken and handed over to the engineering section of the authority on 09.02.1983. Thereafter, a Notification under Section 16(2) of the Land Acquisition Act, 1894 was issued on 15.03.1983, which was published in the gazette on 20.10.1983.

(3.) The original owner of the land filed writ petitions viz., W.P.No.4032/1988 and W.P.No.4033/1988, in which challenge was made to validity of land acquisition proceeding. The said Writ Petition was dismissed by learned Single Judge of this court vide order dated 21.03.1988. After a period of more than 5 years, the vendors of the respondent purchased the land in question by a registered sale deed dated 16.12.1993 and the said property was conveyed to one Narayanappa vide registered sale deed dated 17.04.1997. The aforesaid Narayanappa sold a portion of the property to respondent No.1 by registered sale deed dated 23.10.2000 whereas, another portion of the property was sold to one Basavarajappa on 23.10.2000 itself. Aforesaid Basavarajappa executed a registered will in favour of respondent No.2 on 05.08.2004 in respect of land measuring 2275.50 square feet. The respondent Nos.1 and 2 had filed a civil suit, which was dismissed. Thereafter, the respondents filed a writ petition before the learned Single Judge seeking the relief of declaration that the appellants have no right in respect of 2 acres and 6.05 guntas of land of Sy.No.27/11 of Banaswadi Village, in pursuance of the Notifications issued under the Act. The aforesaid writ petition was allowed by the learned Single Judge inter alia on the ground that Bangalore Development Authority failed to establish that the scheme has been substantially implemented and the Notification issued under Section 16(2) of the Act does not tally with the mahazar. Accordingly, it was held that the scheme pursuant to land acquisition proceedings has lapsed and consequently, the land acquisition proceedings initiated by the authority were quashed.