KANTHAMMA Vs. STATE OF KARNTAKA

JUDGEMENT

(1.) These appeals are directed against the order of the learned single Judge made in W.P.No.21097to21107/83dated February 10, 1984. The Bangalore Development Authority (B.D.A) had formulated a development scheme covering an area of 1703 acres of land for the purpose of forming lay-out and house sites. The preliminary notification for acquiring the land was issued on September 19,1977 and the final notification was issued on February 7 1978. The petitioners, who are owners of about 10 acres of land included in that vast ocean of land, have approached this court challenging the validity of the acquisition solely on the ground that there has been no compliance with the provisions of Section 27 of the Bangalore Development Authority Act, 1976. The learned single Judge before whom the writ petitions came for preliminary hearing rejected the petitions on the ground of delay and also on the ground that even if the B.D.A. has not substantially implemented the scheme as provided under Section 27 of the Act, this court should be allowed to interfere with a gigantic project undertaken by the Government and the B.D.A., in the larger public interest.

(2.) The view taken by the learned single Judge has been challenged in these appeals. Mr. Ranga Rao, learned counsel for the appellants, urged that the question of delay does not arise in a matter which falls under Section 27 of the Act and the Scheme which has not been executed substantially shall lapse without any further order and the B.D.A. therefore, has no power to proceed further under land Acquisition Act.

(3.) Aside the question of delay, we do not think we could examine the contention urged with reference to Section 27 of the Act. Section 27 reads: