B. SATHYANARAYANACHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking a writ in the nature of certiorari to quash proceedings of Justice A.V. Chandrashekar Committee for Dr. Shivarama Karanth Layout dtd. 8/8/2023 and the final Notification dtd. 30/10/2018 issued by the State insofar as it concerns the land of the petitioner for formation of Dr. K.Shivaram Karanth Layout or in the alternative, sought for a mandamus directing the 2ndrespondent/Bangalore Development Authority to assess and grant compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'the Act' for short).

(2.) Facts, in brief, germane are as follows:-

(3.) The 1st respondent/State issues a preliminary notification under Sec. 17(1) and (3) of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the BDA Act' for short) seeking to form a residential layout called "Dr. Shivarama Karanth Layout" (hereinafter referred to as 'Layout' for short). The preliminary notification contained the land of the petitioner. The petitioner aggrieved by the preliminary notification knocks at the doors of this Court in Writ Petition Nos. 55863-55865 of 2014. This Court, in terms of its order dtd. 16/12/2014, along with connected cases, declared that the preliminary notification with respect to the land of the petitioner had lapsed. After the order passed by this Court in the aforesaid petitions, the Deputy Commissioner, Land Acquisition attached to the BDA conducts a pre-feasibility study as directed by this Court for the proposed layout. In the meantime, the BDA challenges the order passed in the writ petitions noted supra in Writ Appeal No. 5098 of 2016. The said writ appeal comes to be dismissed in terms of the order of the Division Bench dtd. 28/4/2017. The order of the learned single Judge was upheld by the Division Bench.