JUDICIAL LAYOUT RESIDENTS AND SITE HOLDERS ASSOCIATION (REGD.), GKVK POST, BANGALORE Vs. BANGALORE DEVELOPMENT AUTHORITY, BANGALORE AND OTHERS

JUDGEMENT

(1.) Common questions of law and that of fact arise for decision making, hence with the consent of the learned Counsel the petitions are clubbed together, finally heard and disposed of by this order.

(2.) It is asserted that the object of the Society was to acquire lands under the Land Acquisition Act, 1894 (for short, 'LA Act'), form residential layout and allot house sites to its members, in furtherance of which approached the State Government-respondent 2 herein, who, through its Special Land Acquisition Officer, acquired lands measuring 193 acres comprised in different Survey numbers of Allalasandra, Chikka Bommasandra and Jakkur Plantation. The society, it is said, on being put in possession of the lands, submitted a layout plan to the respondent 1-Bangalore Development Authority (for short, 'BDA') for its approval/sanction. A resolution dated 16-11-1992 bearing No. 503 of 1992, it is asserted, was passed to approve the layout plan subject to certain conditions and issued three notices dated 1-8-1993, 28-8-1993 and 28-2-1994 to the Society to comply with the said conditions. It is alleged that although the Society neither replied to the notices nor complied with the conditions by paying the necessary charges, nevertheless, formed the layout by laying roads, open spaces for parks, civic amenity sites and the following 2048 residential sites:

(3.) Petitioner submits that the Society in its statement of objections in Subramani Vs. Union of India, reported in ILR 1995 Kar. 3139 stated that sites noticed above were formed after the layout was approved by BDA. The Society, it is further asserted, having specifically held out to its members, before allotment of sites, that the approved layout plan provides for 11 parks and 5 civic amenity sites, on such representation of members of the Society applied for and obtained allotment of sites in the layout, majority of whom have put up construction and are residing therein.