CHANDRAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE writ petitions are of the third round litigation by the landowners challenging the notifications issued under the Bangalore Development Authority Act (hereinafter referred to as the 'act' ).

(2.) THE Bangalore Development Authority (hereinafter referred to as 'bda'), has issued a preliminary notification under Section 17 (1) of the act proposing to acquire certain lands for the purpose of implementation of the schemes called "gnanabharathi Layout, Banashankari V and VII stages and J. P. Nagar". In the first round of litigation, this Court quashed the final declaration issued under Section 19 (1) of the BDA Act 011 the ground that no sanction was obtained under Section 18 (3) of the act before issuing final notification. However, liberty was reserved to the Authorities to proceed with the acquisition from the stage of preliminary notification. In the said judgment this Court has also permitted the landowners, who have not filed any objections, to file objections within 30 days from the date of the order. Pursuant to this, the BDA proceeded with the acquisition proceedings and again issued notification under section 19 (1) of the Act, after obtaining necessary sanction from the government as required under Section 18 (3) of the Act. This notification was also the subject-matter before this Court. This Court in the case of d. Hemachandra Sagar and Another v State of Karnataka and Others , again quashed the final notification on the ground that there is no proper consideration of the representations given by the landowners, reserving liberty to BDA to reconsider the matter afresh without disturbing the sanction given by the State Government under Section 18 (3)of the Act. Thereafter, the Authorities again considered the representation, if any, filed by the landowners and issued final notification under Section 19 (1) declaring the said lands are required for public purpose.

(3.) THESE notifications are subject-matter of these writ petitions.