CHAIRMAN BANGALORE DEVELOPMENT AUTHORITY Vs. SHIVANNA

JUDGEMENT

(1.) the facts of this review petition show how inadvertance, negligence and dereliction of duty on the part of the Advocate appearing for a public authority and the officers of the authority could create enormous problems for it and complicate an otherwise simple matter, causing considerable amount of inconvenience and hardship to large number of people.

(2.) brief facts of the case giving rise to the presentation of the review petition and which are necessary for the disposal of the review petitions are as follow : (i) by notification dated 3rd january, 1977, the Bangalore development authority ('b.d.a.' for short) published a scheme under Section 17 of the Bangalore development authority Act, 1976 (hereinafter referred to as 'the act') for formation of gokul ii stage, rajmahal vilas ii stage layout. The development scheme covered an area of 1,334 acres 12 guntas of land situate in 8 villages including mathikere, chikkamarenahaili and dyavasandra villages in Bangalore north taluk. The notification was published in the official gazette on 24-2-1977. The final notification under Section 19 of the act dated 2-8-1978 acquiring the land for the purposes of the scheme was published in the official gazette on 31st august, 1978. Awards were passed on various dates. Thereafter, according to the b.d.a. possession of the lands were also taken over and banded over to it for the formation of the layout, in particular, (a) possession of 9 acres 4 guntas of land in sy. No. 1/1 of chikkamarenahalli village was taken on 30th july, 1981 and a notification to that effect in terms of Section 16(2) of the Land Acquisition Act was published on 4-2-1982 and was published in the gazette; (b) possession in respect of 7 acres 32 gunlas in sy. No. 44 of chikkamarenahalli village was taken on 6-5-1982 and a notification under Section 16 (2) of the Land Acquisition Act was issued on 8-9-1983; (c) possession of the lands in sy. Nos. 28 and 34/1 of dyavasandra village measuring 4 acres 35 guntas and possession of 14 guntas of land in sy. No. 125/1 of mathikere village was also taken in or about the same time in accordance with law. (ii) after the possession was taken W.P. No. 29276 / 1981 was presented by the writ petitioner shivanna challenging the legality of the acquisition of the following items of lands : <FRM>JUDGEMENT_96_KANTLJ3_1992Html1.htm</FRM> the total extent of land, acquisition of which was challenged in the writ petition was 18 acres 31 guntas. The relevant portion of the prayer made in the writ petition reads :

(3.) the grievance of the petitioners in these writ petitions is that the impugned notifications are violative of the mandatory requirement of Section 17 (5) of the Bangalore development authority Act, 1976 (in short the act) read with the Provisions of sections 4 and 6 of the Land Acquisition Act.