BRIGADE ENTERPRISES LIMITED Vs. COMMISSIONER

JUDGEMENT

(1.) On 20/5/1987, a notification under Sec. 17(1) of the Bangalore Development Authority Act, 1976 ("the BDA Act ") proposing to acquire several lands for the formation of the Jayaprakash Nagar (J.P. Nagar) 7th Stage Layout was issued. The lands bearing Sy. Nos. 44, 45 and 51/1 totally measuring 22 acres in Puttenahalli village of Uttarahalli Hobli, Bangalore South Taluk, which are the subject matter of this writ petition, were also proposed to be acquired under this notification. This notification was followed by a declaration dtd. 20/5/1995, in which these lands were declared to be needed for the aforesaid purpose.

(2.) At that stage, on 17/11/1995, the Government through a Government Order ("GO") came out with a policy permitting a landowner to develop lands which had been notified lands for acquisition for a Group Housing Project, provided the landowner agreed to give up 12% of the built-up area free of cost to the BDA.

(3.) The landowners took advantage of this GO and made an application through the petitioner, who is a developer, in favour of whom they had executed a GPA proposing to develop a Group Housing Project as provided under the said GO.