S R NARAYANA REDDY Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) at the stage of admission, records are received. The respondent has been notified and it has put in appearance through a counsel.

(2.) as the appeal can be disposed of on a short point, it is admitted and heard for final disposal.

(3.) during the course of bearing, the learned counsel appearing for the respondent-b.d.a. has produced two gazette notifications dated 20-5-1984 published in the official gazette, dated 28-6-1984 and 23-11-1988 published in the official gazette, dated 23-2-1989 issued under sections 17(1) and 19(1) respectively of the Bangalore development authority Act, 1976 (hereinafter referred to as the 'act') acquiring the suit lands along with several other lands for the formation of shinivagalu tank bed (breached) and surrounding area layout. Sri U.L. Narayana rao, learned senior counsel appearing for the appellant submits that he has no objection for permitting the b.d.a. to produce the aforesaid two notifications as additional evidence. In addition to this, it is submitted by the learned counsel for the appellant, that one of ihe lands viz., s. No. 21/3 was withdrawn from acquisition and in support of this, he has produced a gazette notification bearing No. Hud 400 mnx 89, dated 21-8-1991 published in the kamataka gazette dated 19-9-1991 and requests that the said notification be taken as additional evidence on behalf of the plaintiff-appellant. The learned counsel appearing for the respondent- b. Da. Has no objection for permitting the appellant to produce the said notification as additional evidence. Accordingly, we allow the application filed by the b.d.a. for production of additional evidence and also the application filed by the appellant for producing the aforesaid notification and mark the notification bearing No. Hud 71 mnx 84, dated 20-5-1984 published in the kamataka gazette dated 28-6-1984 as Ex. D.7, the notification bearing No. Hud 518 mnx 88, dated 23-11-1988 published in the kamataka gazette, dated 23-2-1989 asexhibit-d.8 and the notification bearing No. Hud 400 mnx 89, dated 21-8-1991 published in the kamataka gazette dated 19-9-1991 as ex.p. 20.