BANGALORE DEVELOPMENT AUTHORITY Vs. L. CHANDRASHEKAR

JUDGEMENT

(1.) In this intra Court appeal under Section 4 of the Karnataka High Court Act, 1961, the appellant has assailed the validity of the order dated 10.03.2016 passed by the learned Single Judge in W.P.No.40076/2014. The learned Single Judge has, inter alia, held that the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the 2013 Act' for short) apply to the proceeding initiated for acquisition of land under Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the BDA Act' for short). The learned Single Judge has held that the proceedings are lapsed in terms of Section 24(2) of the BDA Act on the ground that the deposit has not been made by the authority as mandated in law.

(2.) At the outset, learned Senior counsel for the appellant submitted that the controversy involved in this appeal is no longer res integra and has been answered in favour of the authority by two Division Bench decisions of this Court in W.A.No.1415/2018 (L.RAMA REDDY VS. STATE OF KARNATAKA & ORS.) and W.A.No.9476/2016 (BANGALORE DEVELOPMENT AUTHORITY & ANR. Vs. VISHWANATHA REDDY & ORS.) decided on 01.12.2020 and 02.03.2021. The aforesaid submission could not be disputed by the learned counsel for the respondents.

(3.) The issue which arises for consideration in this appeal is whether the provisions of 2013 Act apply to a proceeding initiated for acquisition of land under the BDA Act. The Division Bench of this Court in L.RAMA REDDY, supra, in paragraphs 28 and 44 has held as under: