BANGALORE DEVELOPMENT AUTHORITY Vs. B.S. VENUGOPAL

JUDGEMENT

(1.) This intra Court appeal is filed against an order dtd. 23/12/2020 passed by the learned Single Judge by which writ petition preferred by respondents - owners of the land has been allowed and the proceeding initiated by the Bangalore Development Authority (hereinafter referred to as 'the Authority') for acquisition of land has been held to be lapsed under Sec. 27(1)(b) of the Bangalore Development Act, 1976 (hereinafter referred to as 'the Act').

(2.) Facts giving rise to filing of this appeal briefly stated are that the landowners are owners of land measuring 8 acres 38 guntas situated at Vasanthapura Village, Uttarahalli Hobli, Bangalore South Taluk. The aforesaid land along with other lands were required by the Authority for formation of Banashankari 5th Stage Layout. Thereupon, the proceeding for acquisition of land under the Act was set in motion. A preliminary notification under Sec. 17(1) of the Act was issued on 13/4/1989 and first final notification under Sec. 19(1) of the Act was issued on 18/5/1994 whereas, second notification was issued on 17/9/1997.

(3.) The land owners challenged the aforesaid notifications in a writ petition namely W.P.No.33086/1997 which was dismissed by the learned Single Judge of this Court by an order dtd. 23/10/1998. Thereafter, the owners of the land filed a petition seeking a declaration that the scheme framed by the Authority has lapsed under Sec. 27 of the Act as the same has not been implemented. The said writ petition was allowed by the learned Single Judge by an order dtd. 23/12/2020. In the aforesaid factual background, this appeal has been filed.