BANGALORE DEVELOPMENT AUTHORITY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal has been filed against order dtd. 31/3/2016 by which writ petition preferred by respondents (hereinafter referred to as 'the owners' for short) has been allowed and the proceeding initiated by the Bangalore Development Authority (hereinafter referred to as 'the authority' for short) for acquisition of land in question under Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act' for short) have been quashed.

(2.) Facts giving rise to filing of this appeal briefly stated are that one late Sri.M.Krishnappa was the original owner of land bearing Sy.No.225/1 measuring 2.25 acres of Banasawadi Village, K.R.Pura, Hobli, Bangalore (hereinafter referred to as 'the land in question' for short). The authority issued a preliminary notification dated 03. 11.1977 under Sec. 17 of the Act for acquisition of the aforesaid land for Banasawadi Scheme between old madras Road and Banasawadi Road (hereinafter referred to as 'the OMBR Layout' for short). Thereafter, a final notification dtd. 13/11/1980 under Sec. 19 of the Act was issued. An award was passed on 6/10/1982 and the possession of the land in question was taken by preparing a panchanama on 22/10/1982.

(3.) The original owner of the land viz., M.Krishnappa filed a writ petition viz., W.P.No.41625/1982, in which challenge was made to the proceeding for acquisition. On 25/7/1983, a notification under Sec. 16(2) of the Land Acquisition Act was issued stating that the possession of the land in question has already been taken. The aforesaid writ petition filed by late M.Krishnappa was dismissed for non prosecution on 31/1/1982.