BANGALORE DEVELOPMENT Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) In this intra court appeal the appellants have assailed the validity of the order dtd. 25/2/2016 passed by the learned Single Judge, by which writ petition preferred by respondent Nos.1(a) to 1(d) has been allowed and then preliminary notification dtd. 21/3/1977 as well as final notification dtd. 14/5/1980 issued under the 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 in nutshell are that original respondent No.1 viz., Narayana Reddy said to be owner of an agricultural land bearing Sy.No.345 measuring 3 acres and 23 guntas situated at Banaswadi Village, K.R.Puram Hobli, Bangalore East Taluk. The aforesaid land as well as several other lands were required for formation of a layout between Banaswadi Road and Hennur Road commonly known as HRBR Layout. A preliminary notification dtd. 21/3/1977 was issued. Thereafter, a final notification was issued on 14/5/1980.

(3.) Admittedly, father of original petitioner viz., Sri.D.Venkataswamy Reddy had filed a writ petition viz., W.P.No.11976/1984 seeking to give effect to the resolution for de notification of the land. The said writ petition along with other connected writ petitions was dismissed by a bench of this court by an order dtd. 14/9/1988 and it was held as follows: Accordingly, these petitions are dismissed with a direction to the BDA as made in paras 13 and 14 above. Whether the petitioners would be entitled to higher compensation in a matter to be considered by the authorities under Sec. 18 of the land acquisition Act if the petitioners make a proper representation before the authorities constituted under the provisions of the Land Acquisition Act and if such representations are within time. Parties to bear their own costs.