H. S. SHANTHAMMA Vs. BENGALURU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This intra Court appeal emanates from the order dtd. 19/8/2015 passed by the learned Single Judge by which the writ petition preferred by the appellants has been dismissed.

(2.) The facts giving rise to filing of this appeal briefly stated are that the appellants claim to be the owners of the same sites which were acquired for formation of 'Sir M. Vishveshwaraiah Layout'. The action of formation of the aforesaid layout was assailed before this Court in JUNJAMMA AND ORS. VS. THE BANGALORE DEVELOPMENT AUTHORITY,ILR 2005 KAR 605. wherein the learned Single Judge of this Court upheld the validity of the acquisition. However, certain directions were issued to the Authority to consider the claim of the land owners who had sought the relief of dropping of the land acquisition proceedings.

(3.) It appears that the appellants had submitted a representation. However, the aforesaid representation was not considered. Thereupon, the appellants filed the writ petition, namely, W.P.Nos.39639-39640/2012 before this Court which was disposed by the learned Single Judge vide order dtd. 20/2/2013 in view of the submission made on behalf of the Bangalore Development Authority that the representation submitted by the appellants shall be considered.