K.P. ANJANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these writ petitions, challenge is laid to the Preliminary Notification No. BDA/CMMR/KLAO/LA19/104/2002-03, BANGALORE, dated 03.02.2003, Final Notification No. UDD 193 MNX 2004, BANGALORE, dated 23.02.2004 and revised/modified Notification bearing No. UDD 426 MNJ 2011, BANGALORE dated 18.06.2014 issued under Section 17(1) and (3) and sub-section (1) of Section 19 of the Bangalore Development Authority Act, 1976 (for short 'BDA Act') respectively for the purposes of wit for the formation of Layout called "ARKAVATI LAYOUT" at Bengaluru.

(2.) The Bangalore Development Authority (for short 'BDA') issued a Preliminary Notification under Section 17(3) of the BDA Act for acquisition of 3339 acres of land for formation of Arkavati Layout on 03.02.2003. A modified Preliminary Notification came to be issued on 16.09.2003 showing the extent of land as 3,839 acres 12 guntas situated in the following 16 villages:

(3.) Notices under Section 17(5) of the BDA Act was issued and there was no objection received in respect of 91 acres 7 guntas. Objections received in respect of 2658 acres were rejected. BDA resolved to delete 1089 acres 12 guntas of land and to obtain sanction for 2750 acres. Accordingly, a scheme formulated came to be sanctioned by the Government of Karnataka (for short 'State') under Section 18(3) of the BDA Act for 2750 acres of land. Final Notification dated 23.02.2004 came to be issued for acquisition of 2750 acres of land situated in the aforesaid 16 villages. Awards came to be passed to an extent of 1618.38 acres. BDA claims to have taken possession in respect of 1459.37 acres of private land and 459.16 acres of Government land and in all, 1919.13 acres of land. BDA claims to have formed the Layout by carving 14103 plots/sites apart from developing the roads, drains, civic amenity sites, etc.