LAWS(KAR)-2021-4-34

BANGALORE DEVELOPMENT AUTHORITY Vs. OFFSHORE HOLDINGS PVT LTD

Decided On April 07, 2021
BANGALORE DEVELOPMENT AUTHORITY Appellant
V/S
Offshore Holdings Pvt Ltd Respondents

JUDGEMENT

(1.) In this appeal preferred under Section 4 of Karnataka High Court Act, 1961 the appellants (hereinafter referred to as the 'Authority' for short) have assailed the validity of the order dated 14.12.2012 by which learned Single Judge has allowed the writ petition preferred by respondent No.1 (hereinafter referred to as 'the Company' for short) and proceeding for acquisition of the land initiated for benefit of the authority has been quashed. In order to appreciate the authority's challenge to the impugned order, few facts need mention, which are stated hereinafter. FACTS:

(2.) Land bearing Sy.No.9/2 situate in Lottegollahalli Village, Bangalore North Taluk measuring 3 acres and 17 guntas was recorded in the revenue records in the names of Uttanallappa, S.Narimaiah, Muniswamappa, M.Narasimhappa and Hanumaiah (hereinafter referred to as 'the owners of the land' for short). The Authority issued a preliminary Notification under Section 17(1) and 17(3) of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the 1976 Act' for short) for acquisition of 1316.04 and 1/2 guntas of land including the land bearing Sy.No.9/2 for formation of Rajmahal Vilas II Stage Layout. The State Government thereafter published final Notification under Section 19 of the 1976 Act. It is pertinent to note that out of 3 acres and 17 guntas of land, which was notified, 0.29 guntas of land was acquired by the Railways for formation of Mysore-Salem Railway line, an extent of 0.34 guntas were utilized by the authority for formation of Ring Road and 0.32 guntas of land was a built up area. Land measuring 1 acre and 2 guntas of Sy.No.9/2 is the subject matter of this appeal.

(3.) The owners of the land made applicationS on 20.12.1981 seeking compensation. Thereafter, they filed an a writ petition viz., W.P.No.16065-69/1987 before this court in which challenge was made to the proceedings initiated for acquisition of the land. During the pendency of the writ petition, the owners of the land on 18.06.1988 submitted a representation to the authority for deleting the land from acquisition proceedings. The Authority vide resolution dated 28.06.1988 resolved to recommend to the State Government to de-notify the land measuring 1 acre and 2 guntas. The Authority forwarded the recommendation to the State Government for appropriate action. The owners of the land on 22.09.1988 filed a memo seeking to withdraw the writ petition and the writ petition was dismissed as withdrawn on 22.09.1988. The State Government by a communication dated 26.12.1988 requested the Authority to send the status report of the case. The Authority by a communication dated 03.05.1989 informed the government about the withdrawal of the writ petition.