BANGALORE DEVELOPMENT AUTHORITY Vs. R. SHANKARAN

JUDGEMENT

(1.) The present appeals are filed by the Bangalore Development Authority['BDA' for short ] challenging the order dtd. 11/7/2014 passed in WP.No.32186/2010 and other connected matters, whereunder a learned Single Judge of this Court quashed the notifications issued for acquisition of the lands for formation of a residential layout known as "The Nadaprabhu Kempegowda Layout".

(2.) The relevant facts necessary for consideration of the present appeals are that the acquisition proceedings by the BDA for acquiring the lands under the provisions of the Bangalore Development Authority Act, 1976['The Act' for short]. Consequent to a resolution dtd. 3/9/2007 of the BDA, on 18/9/2007 it addressed a letter to the State Government with all the relevant particulars seeking its approval for the scheme. On 2/4/2008 the Government accorded approval and on 21/5/2008 a Preliminary Notification was issued under Sec. 17 of the Act proposing to acquire an extent of 4814 acres and 15 guntas of land. Vide resolution bearing No.340/09 dtd. 12/1/2010, the BDA furnished the details as noticed in the said resolution and sought approval for issuance of notification under Sec. 18 of the Act in respect of 4043 acres and 27 guntas of land and vide letter dtd. 27/1/2010 the BDA sent to the Government its request enclosing a copy of the said resolution dtd. 12/1/2010. The Government of Karnataka in its proceedings dtd. 16/2/2010 accorded approval and sanctioned the scheme under Sec. 18(3) of the Act for acquisition of 4043 acres and 27 guntas of land. Accordingly, on 18/2/2010 a Final Notification was issued under Sec. 19 of the Act and 4043 acres and 27 guntas was declared as notified for formation of the layout.

(3.) The lands sought to be acquired are from 12 villages and the details of which are as follows: