S. JAGANNATH Vs. BENGALURU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961, the appellants have assailed the validity of the order dated 11.08.2017 passed by the learned Single Judge, by which writ petition preferred by the appellants has been dismissed on the ground that the challenge made by the appellants to the acquisition proceedings in the earlier round of litigation has already been negtived by this court. In order to appreciate the appellants grievance, few facts need mention which are stated infra.

(2.) The appellants were the owners of land measuring 1 acre and 18 guntas of Survey No.16/5 at Talaghattapura Village, Uttarahalli Hobli, Bangalore South Taluk. The aforesaid land was required for extension of layout in respect of Banashankari VI Stage. Thereupon the proceedings under the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act' for short) were set in motion and a preliminary Notification under Section 17(1) of the Act was issued on 07.11.2002 and a final Notification was issued on 09.09.2003 under Section 19(1) of the Act. Admittedly, the award was passed on 31.01.2004. The appellants submitted a representation to the Bangalore Development Authority (hereinafter referred to as 'the Authority' for short), in which a prayer was made to drop the acquisition proceedings in respect of their lands. The aforesaid representation was rejected by order dated 19.12.2007. The appellants assailed the validity of the aforesaid representation in a writ petition viz., W.P.No.14116/2008, which was dismissed by learned Single Judge of this court by an order dated 29.06.2010. The aforesaid order was affirmed by a division bench of this court in a writ appeal in W.A.No.4229/2011 by an order dated 05.01.2012.

(3.) The appellants thereupon approached the Supreme Court by filing Special Leave Petition (Civil) No.9712/2012, which was dismissed by the Supreme Court by an order dated 02.04.2012. The appellants filed a review petition before the Supreme Court, which was dismissed on 27.11.2012. Thereafter, the appellants filed a writ petition viz., W.P.No.46350/2015 and W.P.Nos.4996-97/2016 in which a declaration was sought that scheme for formation of further extension of Banashankari VI Stage Layout insofar as it pertains to the land held by the appellants viz., survey No.16/5 measuring 1 acre and 18 guntas has lapsed. The appellant also sought for a relief of quashment of the preliminary Notification as well as final Notification issued under Section 17(1) & 19(1) of the Act dated 07.11.2002 and 09.09.2003. The said writ petition was dismissed by learned Single Judge of this court by an order dated 11.08.2017 inter alia on the ground that the appellants have lost in previous round of litigation up to Supreme Court. In the aforesaid factual background, this appeal has been filed.