M. SRINIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These intra court appeals, which have been filed by the land owner emanate from the common order dtd. 1/3/2019 passed in W.P.No.51417-51433/2016 and in review petition Nos.512/2016 and 513/2016.

(2.) Facts giving rise to filing of these appeals briefly stated are that the land owner and his brother viz., M.Krishnappa were owners of land measuring 4 acres and 9 guntas of Sy.No.97/1 situate at Uttarahalli Village, Bangalore (hereinafter referred to as 'the schedule land' for short). The appellant filed writ petitions viz., W.P.No.35912/2016 and W.P.No.35193/2016 seeking to challenge the preliminary as well as final notifications issued for acquisition of the land dtd. 29/12/1988 and 7/12/1999. In the said writ petition, the land owner did not implead the beneficiary of the acquisition viz., Poorna Prajana House building Cooperative Society Ltd. (Hereinafter referred to as 'the Society' for short) as well as its members. The writ petitions preferred by the land owner was allowed by an order dtd. 15/7/2016 and it was held that the acquisition of the schedule land has lapsed under Sec. 27 of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act' for short).

(3.) The Society as well as its members filed a writ petition viz., W.P.No.51417-51433/2016, in which prayer was sought to set aside the order dtd. 15/7/2016 passed in W.P.No.35912/2016 and W.P.No.35913/2016 and to re-hear the matter afresh after directing the land owner to implead the Society and its members as party respondents. The Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) filed review petitions viz., R.P.No.512/2016 and R.P.No.513/2016, seeking review of the order dtd. 15/7/2016 passed in W.P.No.35912/2016 and W.P.No.35913/2016.