BANGALORE DEVELOPMENT AUTHORITY Vs. DODDAMMUNISWAMAPPA

JUDGEMENT

(1.) These Appeals have been filed by the Bangalore Development Authority (BDA), assailing the Order of the learned Single Judge allowing several writ petitions filed by owners/occupants of the lands which were part of the subject matter of acquisition pursuant to the Preliminary and Final Notifications issued in the year 1964, i. e. , half a century ago. This acquisition was intended for the formation of a layout called HAL-II Stage by the erstwhile City Improvement Trust Board which has been succeeded by the BDA.

(2.) Although a notification under Section 16(2) of the Land Acquisition Act, 1894 came to be issued for acquisition of total extent of land measuring 04 acres 20 guntas in four survey numbers, the uncontroverted position is that possession of land admeasuring 1 acre 06 guntas in three survey numbers, that is 17 guntas in Sy. No. 107/1, 16 guntas in Sy. No. 107/2; and 13 guntas in Sy. No. 112/2 of Thippasandra village was not taken over for the reason that it was fully built up and occupied by a large number of persons. A resolution came to be passed by the BDA on 06.10.1982 (also mentioned as 06.08.1992) for reconveyance of this fraction of the land which was the subject matter of the acquisition, on verification of the title and on calculation of reconveyance charges as per the Rules. It is also not disputed that the BDA in its subsequent meeting held on 23.10.1996 reiterated its resolve to reconvey the land in question to the Petitioners/owners/occupants on payment of betterment fee of Rs. 2,77,385/-, at the rate of Rs. 10/- per square meters. A public notice also came to be issued by the BDA on 11.03.1998 proposing to change the use of the subject land from park to residential.

(3.) The issuance of the public notice dated 11.03.1998 had the effect of following of a so-called Public Interest Litigation bearing Writ Petition No. 5950/1998. We used the phrase 'socalled' for the reason that the petitioners in those proceedings were the allottees of plots situated in the subject 01 acre 06 guntas of land. By Orders dated 26.07.2004, the Division Bench presided over by the Hon'ble Chief Justice had dismissed the Public Interest Litigation with costs; making it clear that the dismissal of PIL would not preclude the BDA/concerned Authority proceeding further, in accordance with law. The Division Bench took note of Section 14-A of the Karnataka Town and Country Planning Act, 1961 ('KTCP Act' for short) which permitted change of land use from the Outline Development Plan, if the circumstances prevailing at the site so warranted. Our learned brothers had also kept in perspective Section 38-C of the BDA Act which reads as follows:-