BANGALORE DEVELOPMENT AUTHORITY Vs. A GOWRAMMA AND ORS

JUDGEMENT

(1.) The Bangalore Development Authority (for short 'BDA'), has preferred this appeal challenging the legality and correctness of the order passed by the learned Single Judge in W.P.No.21920-21922/2011, dated 08.09.2011. The writ petitions were filed by respondents nos.1 to 3 herein.

(2.) Heard the counsel for the parties. The facts leading to these writ petitions are as hereunder: The petitioners are the owners of 1 acre, 30 guntas of land situated in survey No.206, old No.174/5 of Kannamangala Village, Bidarahalli Hobli, Bangalore East Taluk, which land was sought to be notified by BDA under a preliminary notification dated 16.08.2010, under the provisions of Section 17(1) and 17(3) of the Bangalore Development Authority Act, 1976.

(3.) It is the case of the petitioners that under the guise of formation of peripheral ring road between Tumkur Road-old Madras Road and Hosur Road for junction improvement and toll plazas, the writ petitioners land has been notified for acquisition. It is the specific case of the writ petitioners that the BDA with an intention to form a peripheral ring road in two parts notified the lands earlier. First part consists of a length of 63.40 kms. and lands were notified vide notification dated 23.09.2009 for formation of peripheral ring road Part-I and similarly under preliminary notification dated 07.11.2006, vast extent of land was notified by the BDA for the formation of part-II of a length of 50.04 kms.