BANGALORE DEVELOPMENT AUTHORITY Vs. DODDALAKKAPPA

JUDGEMENT

(1.) In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961 (hereinafter referred to as 'the Act' for short) the appellant has assailed the validity of the order dated 26.08.2010 passed by the learned single judge, by which writ petition preferred by respondent Nos.1 to 3 / owners of land has been allowed by placing reliance division bench decision rendered by this court in K.B.GURUMURTHY REDDY AND OTHERS VS. STATE OF KARNTAKA AND OTHERS , 2005 2 KCCR 1100 and the Notifications dated 23.03.1988 and 05.04.1999 issued under Section 17(1) and 19(1) of the Bangalore Development Act, 1976 (hereinafter referred to as 'the 1976 Act' for short) insofar as it pertains to land of respondent Nos.1 to 3 have been quashed. In order to appreciate the appellant's grievance, few facts need mention, which are stated hereinafter.

(2.) The respondent Nos.1 to 3 are the owners of the land bearing Sy.No.157/1, 157/2, 157/3 and 158 of Kothanur Village, Uttarahalli Hobli, Bangalore. The Deputy Commissioner, Bangalore Urban District issued preliminary Notification for acquisition of land including the property of the respondent Nos.1 to 3 on behalf of Amar Jyothy House Building Cooperative Society under Section 4(1) of the Land Acquisition Act, 1894 an thereafter, a declaration under Section 6(1) of the 1894 Act was issued, which was challenged before this court and the proceedings were quashed in NARAYANA REDDY VS. STATE OF KARNATAKA , 1991 ILR(Kar) 2248. The decision of this court was affirmed by Supreme Court in HMT HOUSE BUILDING COOPERATIVE SOCIETY VS. SYED KHADER AND ORS. , 1995 2 SCC 677 with a direction that the land should be restored to owners subject to payment of compensation by them. During the pendency of the aforementioned acquisition Notifications and prior to decision of the Supreme Court in HMT HOUSE BUILDING COOPERATIVE SOCIETY supra, a preliminary Notification on 23.03.1988 was issued under Section 17(1) of the 1976 Act for acquisition of several lands including the land of the respondents. A Notification was issued on 19.10.1994 under Section 19(1) of the 1976 Act. The said Notification under Section 19(1) of the Act was quashed by this court in writ petition filed by Amar Jyothy House Building Cooperative Society in W.P.No.4180/1995 on the ground that the approval as required under Section 18(3) of the Act has not been obtained. Thereafter, the Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) issued a Notification on 05.04.199 under Section 19(1) of the 1976 Act for acquisition of the lands including the lands of respondent Nos.1 to 3.

(3.) The respondent Nos.1 to 3 challenged the aforesaid Notifications in W.P.No.26011-26015/1999. The learned Single Judge by an order dated 26.08.2010 by placing reliance rendered by division bench of this court on K.B.GURUMURTHY REDDY AND OTHERS VS. STATE OF KARNTAKA AND OTHERS,2005 SCCONLINE(KAR) 198, quashed the preliminary as well as final Notification under which lands of respondent Nos.1 to 3 were sought to be acquired. In the aforesaid factual background, this appeal has been filed by the authority.