BENGALURU DEVELOPMENT AUTHORITY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellants under Sec. 4 of the High Court of Karnataka Act, 1961, challenging the order dtd. 28/2/2024 passed by the learned Single Judge in W.P.No.4934/2021 (LA-BDA).

(2.) The brief facts leading to the filing of this appeal are that respondent Nos.2 to 6 filed the writ petition challenging the order dtd. 16/7/2018 at Annexure-K passed by respondent No.1, sought to issue writ in the nature of certiorari to quash preliminary notification and final notifications dtd. 7/11/2002 and 9/9/2003 respectively. The appellant-Bengaluru Development Authority ('BDA') filed detailed objections to the writ petition and sought for dismissal on various grounds. The learned Single Judge allowed the writ petition by directing the appellant-BDA to restore the possession of the land in Sy.No.16/1 measuring 34 guntas of Thalaghattapura village in favour of the original petitioners. It was further directed that the possession is to be restored only if the petitioners have not withdrawn the compensation amount said to have been deposited by the BDA in the civil Court and if it is found that the land owners have withdrawn the amount in deposit, they are entitled to seek possession only after refund of entire amount along with interest at 6% p.a. Being aggrieved, the BDA is in appeal.

(3.) Sri.Murugesh V.Charati, learned counsel appearing for the appellants makes the following submissions: