BENGALURU DEVELOPMENT AUTHORITY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal emanates from an order dtd. 22/10/2020 passed by the learned Single Judge of this Court in a Writ petition preferred by respondent No.2 (hereafter referred to as 'the land owner'). By the said order learned Single Judge has quashed the endorsements dtd. 18/8/2018 and 20/8/2018 issued by the State Government under Sec. 48 of the Land Acquisition Act, 1894 and the writ petition has been allowed. In order to appreciate the grievance of the appellant, relevant facts need mention, which are stated infra.

(2.) The land owner was the owner of the land bearing Sy.No.95/1, measuring 1 acre 30 guntas situated at BheemanaKuppe Village, Kengeri Hobli, Bengaluru South taluk and in the part of the aforesaid land, a brick factory is built. In the aforesaid land in addition to other lands were acquired for formation of Nadaprabhu Kempegowda residential layout. Accordingly, preliminary notification dtd. 21/5/2008 was issued under Sec. 17(1) and (3) of Bangalore Development Authority Act, 1976 (hereinafter for short referred to as 'the Act'). Thereafter, final notification dtd. 18/8/2020 under Sec. 19 of the Act measuring 1 acre 23 guntas out of the land held by the land owner. The land measuring 1 acre 30 guntas was notified for acquisition.

(3.) The land owner challenged the validity of the notification issued under Sec. 17 and 19 of the Act dtd. 21/5/2008 and 18/8/2018 respectively, in the writ petition namely W.P.No.4287/2012. In the aforesaid writ petition, Bangalore Development Authority (hereinafter refered to as 'the authority') was also impleaded as respondent. Learned Single Judge of this Court by order dtd. 21/4/2014 disposed of the writ petition in the following terms: "the learned Senior Advocate Shri Jayakumar S Patil, appearing for the Counsel for the respondent - Bangalore Development Authority, files a memo, which reads as follows:-