JOSEPH C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal arises from an order dtd. 27/9/2021 passed by the learned Single Judge in W.P.No.38471/2014.

(2.) Facts giving rise to the filing of this appeal briefly stated are that the appellant claimed to be the owner of land measuring 1 acre 22 guntas. The aforesaid land was sought to be acquired by the Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) for formation of 'Arkavathi layout'. Thereupon, preliminary notification under Sec. 17(1) of the Bangalore Development Authority Act, 1975 (hereinafter referred to as 'the Act' for short) was issued on 3/2/2003 and thereafter, a final notification was issued on 23/2/2004. The award in respect of the land in question was passed on 5/10/2004 and possession of the land was taken on 3/12/2004. The appellant filed writ petitions namely W.P.No.51119-32/2004 and connected matters, in which the validity of the proceeding initiated by the Authority was challenged. The learned Single Judge, by an order dtd. 15/4/2005, allowed the writ petition and quashed the preliminary as well as final notification in its entirety. A writ appeal was preferred by the Authority namely W.A.No.2625/2005 and connected matters which was allowed by a Division Bench of this Court by an order dtd. 25/11/2005 and the acquisition of land in question was upheld. However, certain directions were issued to the Authority to consider the representation submitted by the owners of the land. The aforesaid order was upheld by the Supreme Court in 'BONDU RAMASWAMY AND OTHERS Vs. BANGALORE DEVELOPMENT AUTHORITY AND OTHERS' (2010) 7 SCC 129 and the special leave petitions were disposed of with certain directions.

(3.) The Authority thereafter on 18/3/2011, issued notice to the appellant seeking his consent for acquisition of land in view of the scheme for payment of compensation in the form of 40% of the developed land acquired from him instead of cash compensation. The appellant thereafter filed a writ petition namely W.P.No.38773/2010 seeking a direction to consider the representation submitted by the appellant in terms of the decision of the Supreme Court in BONDU RAMASWAMY's case. The writ petition preferred by the appellant was disposed of by an order dtd. 10/12/2012 with a direction to the Authority to conduct spot inspection and consider the representation. Thereafter, the Authority carried out spot inspection and found that the Authority has already formed a layout and sites were allotted to public in general. The representation submitted by the appellant was rejected on the ground that the land of the appellant does not fall under any of the directions issued either by the Division Bench of this Court or by the Supreme Court in BONDU RAMASWAMY's case.