K. RANGARAJU Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD the learned counsel for the appellant. The appeal is admitted and considered for final disposal.

(2.) THE appellant claims that he is the owner of the land in Survey No. 34/4(38) of Malathally Village, Bangalore Rural District. It was alleged that the respondent -Bangalore Development Authority was seeking to interfere with his possession. Hence, a suit was filed. The suit was contested and it was claimed by the Bangalore Development Authority that the land in question had been acquired for formation of the Vishweshwaraiah Layout and that layout has been formed in the year 2004 itself and therefore, the suit was not maintainable. Accordingly, the trial Court on consideration of the merits of the case at a full fledged trial has dismissed the suit. It is that which is under challenge in this appeal.

(3.) UNDER these circumstances, it has to be observed that the appellant claiming that the acquisition proceedings were irregular and that his land has been taken possession of though it was not covered under the acquisition proceedings was in fact a challenge as if it was to the acquisition of his property. The law is well settled that acquisition proceedings if admitted, cannot be questioned in a civil suit and this has been consistently laid down by the Apex Court in many judgments and one such case is The Commissioner, Bangalore Development Authority and another vs. Brijesh Reddy and another (2013) 3 SCC 66] and it is observed by the Apex Court that any such challenge to the acquisition proceedings could at best be in writ jurisdiction and not by way of a civil suit. Consequently, the appellant not having produced documents in support of his case and now seeking time to produce the same, could at best be left to his remedies elsewhere. Insofar as the dismissal of the suit is concerned, no fault can be found in the findings of the Court below. Consequently, the appeal is dismissed without prejudice to any other remedy that may be available to the petitioner elsewhere.