P KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these petitions, the petitioners have challenged the notification dated 29,12.1988 published in the official gazette dated 6.4.1989 issued under Section 17(1) of the BDA Act (hereinafter referred to as the 'Act') and also the notification dated 9.5.1994 published in the official gazette 18.5.1994 issued under Section 19(1) of the Act.

(2.) The petitioners in these petitions are the owners of certain lands. The said lands were proposed for acquisition for the purpose of implementation of the scheme i.e. formation of a layout called 'Banashankari V Stage' in the notification issued under Section 17(1) and (3) of the Act. In the preliminary notification the proposed extent of land measures 1851 acres 39 guntas. This was followed by a final notification issued under Section 19(1) of the Act which restricted the requirement of land to 1459 acres 21 guntas. These notifications are challenged by the petitioners on the ground that the authorities have not followed the procedure prescribed for a declaration that the said lands are required for the public purpose. It is in the submission of petitioners' counsel that in the absence of following the procedure prescribed under the law, the entire acquisition is vitiated. In some petitions it is contended that though the authorities are required to issue notices pursuant to the preliminary notification, no notices have been issued and thereby the land owners are deprived of their right to file objections to the proposed acquisition. In reply to the said contention, the Learned Counsel appearing for BDA contended that there is no procedural irregularity in the matter of acquisition as the authorities have followed the prescribed procedure. In order to ascertain these rival contentions, I wish to refer to some of the provisions in the Act.

(3.) Chapter III of Act provides for development of schemes. Under Section 15 of the Act, the authority may undertake works and incur expenditure for development. Section 15(1) of the Act provides that thq authority may draw up a detailed schemes for the development of the Bangalore Metropolitan Area with the previous approval of the Government Section 15(2) provides that the authority may also from time to time take up any new or additional development schemes. Section 16 of the Act provides for the details of the scheme. Section 17(1) provides that the authority shall draw up a notification stating the fact of the scheme having been made and the limits of the area comprised therein, a statement specifying the land which is proposed to be acquired. Section 17(3) provides that the authority shall cause a copy of the said notification to be published in the official gazette. Thereafter, the authority shall serve notices on every person whose name appears in the assessment list of the local authority or in the land revenue register to show cause within 30 days from the date of receipt of notice why such acquisition of the building or the land should not be made. Section 17(6) of the Act provides the mode of service of notice as contemplated under Section 17(5) of the Act. Section 18(1) of the Act provides that the authority after consideration of the representation if any received pursuant to the notices issued under Sub-section (5) of Section 17 of the Act shall submit the scheme making such modification therein as it may think fit to the Government for sanction furnishing the particulars as provided under Section 18(1) (a) to (f) of the Act. Section 18(3) provides that the Government after considering the proposal submitted to it may by order give sanction to the scheme. Thereafter under Section 19 of the Act, the Government shall publish a declaration in the official gazette stating the fact of such sanction that the land proposed to be acquired by the authority for the purpose of the scheme is required for a public purpose.