HAFEEZUR RAHMAN Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These petitions are heard and disposed of by this common order. The facts as narrated in each of these petitions are as follows.

(2.) The second respondent had submitted a Scheme called Banashankari VI Stage Layout, to the State government for sanction and approval, as required under Section 18 of the BDA Act.

(3.) In so far as the assertion of the respondents 1 & 2 that lands in Survey NoS17/1D1 and 17/1D2 were included in the Scheme sanctioned and approved by the State government under Section 18 (3) of the BDA Act is concerned, it is pointed out that the State government had sanctioned the scheme for an area of 1598 acres 2 guntas and the entire extent had been notified in the final notification. There were no balance items of land which could find place in a second final notification, dated 24-5-2002, which seeks to draw sustenance from the very government order dated 16-8-2001. There is no sanction of any scheme by the Government in respect of the lands included in the second notification dated 24-5-2002, issued after a gap of nine months. It is therefore emphasized that the said second notification which encompasses 5 items of land covering 10 acres 30 guntas, is clearly illegal and without authority of law.