BENGALURU DEVELOPMENT AUTHORITY Vs. HANUMANTHAPPA

JUDGEMENT

(1.) These intra court appeals have been filed by the Bangalore Development Authority (hereinafter referred to as 'the Authority' for short). The appeals arise out of common order dtd. 1/3/2014 passed by Learned Single Judge in W.P.No.10574/2012, W.P.No.22971/2012 and W.P.No.571/2013, by which writ petition preferred by transferees of the land in question have been allowed and the notification dtd. 8/2/2012, withdrawing the notification under Sec. 48(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act' for short) has been quashed. For the facility of reference, facts from W.A.No.1525/2014 are being referred to.

(2.) One Sri.Yellappa by an order dtd. 16/2/1967 was granted land bearing Sy.No.117 (old Sy.No.1) measuring 1 acre situate at Jarakabande Kaval Village, Yeshwanthpur Hobli, Bangalore North Taluk, Bangalore (hereinafter referred to as 'the schedule land' for short) under Rule 43(L) of Mysore Land Revenue (Amendment) Rules, 1960.

(3.) The schedule land as well as land measuring 393 acres and 25 guntas was required for formation of extension of Mahalakshmi (Nandini) Layout. A preliminary notification under Sec. 17(1) of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act' for short) was issued. Thereafter, a final notification under Sec. 19(1) of the Act was issued on 20/9/1979 and an Award was passed in respect of schedule land as well as land measuring 270 acres and 1 gunta.