B UMESH Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) All these matters can be dealt with under a common Judgment since the point involved is one and the same.

(2.) Lands bearing various survey numbers measuring an extent of 1,134 Acres and 12 Guntas situate in Nagasettyhalli and Chikkamaranahalli Villages were notified for acquisition by the Bangalore Development Authority (for short 'BDA'). This was for the formation of what Is known as 'Rajmahal Vilas II Stage'. The preliminary Notification was issued on 3-1-1977, and the Final Notification was issued on 2-8-1978. Pursuant to this, an award was passed and possession was taken in 1980 and 1982. The BDA decided to construct 558 High Income Group Houses in Rajmahal Vilas II Stage under 'Self Financing Scheme'. Applications were called for, for allotment of houses. Several applicants had made initial deposits varying from Rs. 90,000/- per house. It was assured by the BDA that the houses would be completed by the end of 1983. The land for the scheme was selected out of the above notified lands. Though award was passed, actually possession could not be taken except recording of possession. The land owners i.e., the farmers of these lands which are under acquisition, did not allow the layout work to be carried out by the BDA. In fact they obstructed the work for breaching the tank situate at Chikkamaranahalli comprised in the acquired land. Therefore, efforts to form a layout could not succeed in view of the stiff resistance from the owners who were aggrieved by the low compensation offered in respect of their lands. They were in fact agitating for higher compensation. Representations had also been made In this behalf. As the BDA was keen on the layout work being carried out in the acquired land without any impediment, the then Chairman of the BDA initiated move for amicable settlement with the farmers through their representatives and others. A settlement was worked out on the following lines:-

(3.) A statement of objections has been filed by the BDA, and in paragraph-2 it is stated thus: