M. K. PRASHANTH BABU Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961, the appellants have assailed the validity of the order dated 11.12.2018 passed by the learned Single Judge by which writ petition preferred by the appellants has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that one Sri.Yale Venkatappa Reddy was owner of a portion of the land measuring 2 acres and 6 1/2 guntas out of a total of 6 acres and 20 guntas of Sy.No.27 situate at Banaswadi Village, Krishnarajapuram Hobli, Bangalore South Taluk. A new survey number viz., Sy.No.27/11 was allotted in respect of the aforesaid land. The aforesaid land was required for formation of a residential layout known as Banasawadi Scheme between Old Madras Road and Banasawadi Road. Thereupon, proceeding under the provisions of Bangalore Development Authority Act, 1976 (herein after referred to as 'the Act' for short) was set in motion and a preliminary Notification was issued on 03.11.1977. A declaration under Section 19(1) of the Act was issued on 13.11.1980 and an award was passed on 08.07.1982. A mahazar was passed on 09.02.1983 taking possession of the land and a Notification under Section 16(2) of the Land Acquisition Act, 1894 was issued.

(3.) After the land had vested in the authority, the mother of the appellants purchased a site measuring 2460 square feet of BBMP Khatha No.1257/ 1300, Site Nos.2 and 3, 4th 'A' Cross, OMBR Layout, Banasawadi, Bangalore. It is the case of the appellants that the officers of the respondent authority illegally entered upon the property of the appellants in some time in the year 2011 and caused loss to the tune of Rs.10 Lakhs. The appellants thereupon filed a civil suit for permanent injunction, which was dismissed. It is the case of the appellants that on 07.05.2012 Bangalore Development Authority issued new site and allotted the same and executed sale deeds in respect of respondent Nos.4 and 5 on 28.05.2012. The appellants approached this court by filing a writ petition in the year 2012 in which a declaration was sought that Notification issued under Section 17(1) and 19(1) of the 1973 Act dated 03.11.1977 and 13.11.1980 do not confer any right on the authority. The appellant also sought the relief of payment of compensation to the tune of Rs.10 Lakhs and sought quashment of allotments made and sale deeds executed in favour of respondent Nos.4 and 5.