C.H.VENKATA HANUMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal filed under Sec. 4 of the Karnataka High Court Act,1961, is directed against the order dtd. 16/4/2018, passed by the learned Single Judge in Writ Petition No.61186/2016 (LA-BDA), dismissing the writ petition filed by the appellants.

(2.) We have heard the learned counsels appearing for both side and perused the materials on record.

(3.) Brief facts of the case are that, for the purpose of formation of Rs.Nadaprabhu Kempegowda Layout', respondent Nos.2 and 3 herein acquired certain lands by issuing the Notifications dtd. 21/5/2008 and 18/2/2010 respectively under Sec. 17(1) and (3), as well as Sec. 19(1) of Bengaluru Development Authority Act, 1976 (for short, Rs.BDA'). Thereafter, BDA passed consent award with writ petitioner No.1 - Hanumaiah, vide agreement dtd. 6/12/2012, under Sec. 11(4) of Land Acquisition Act, 1894 and compensation of Rs.1,70,00,000/- was determined in respect of Survey No.46/1 of Challaghatta village, measuring 6 acres 13 guntas, which was notified for acquisition. The writ petitioners did not approach the BDA to receive the said compensation amount. Therefore, the BDA as per law, deposited the amount of award before Principal City Civil & Sessions Judge's Court, Bengaluru. The issuance of Preliminary and Final notifications, as well as consent award passed by respondent Nos.2 and 3 were challenged before the learned Single Judge in the impugned Writ Petition No.61186/2016, on the ground that the said Notifications were bad in law and the writ petitioner No.1 Hanumaiah was not the absolute owner of the said property to enter into an agreement with BDA. Therefore, he had no right to sign on the consent agreement on behalf of other writ petitioners. The learned Single Judge considering their contentions, dismissed the writ petition.