M.C.PADMA Vs. COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In these three petitions, the acquisition of lands bearing Sy.No.134 measuring 1 acre 14 guntas, Sy.No.135 measuring 1 acre 12 guntas, Sy.No.136 measuring 1 acre 6 guntas of Gattigere Village, Hamlet of Halagevaderahalli Village, Kengeri Hobli, Bengaluru South Taluk, have been challenged.

(2.) On 29/12/1988, a notification under Sec. 17 of the Bangalore Development Authority Act (for brevity, "the BDA Act") was published proposing to acquire 1851 acres 39 guntas. After considering objections, a declaration was issued under Sec. 19(1) of the BDA Act on 9/5/1994 in respect of 1458 acres 21 guntas. This declaration was challenged by the landowners of the respective lands including the petitioners in W.P.Nos.30801-803/1994 and connected matters.

(3.) It may be pertinent to state here that W.P.Nos.30801-803/1994, was allowed and the declaration was quashed on the ground that sanction of the Government had not been obtained as contemplated under Sec. 18 of the BDA Act.