P.V.MANJULA SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners claim to be owners of several sites in Sy.No.17/10A of Thanisandra Village, K.R. Puram Hobli, Bangalore South Taluk, Bengaluru. It is stated that, the sites have been purchased through a registered sale deeds dated 30.05.1997; that Sy.No.17/10A has been converted for non agricultural residential purpose to an extent of 3 acres as per Conversion Order dated 05.07.1993 at Annexure-B; that Petitioners after seeking an endorsement from Respondent No.2/Bangalore Development Authority [hereinafter referred to as 'BDA', for the sake of brevity], to the effect that land in Sy.No.17/10A has not been notified for acquisition purpose, purchased their respective sites; that Respondent/BDA intended to acquire lands in Sy.No.17/10A by issuance of Preliminary and Final Notifications under Sections 17 and 19 respectively of the Bangalore Development Authority Act, 1976 [hereinafter referred to as 'Act', for the sake of brevity]. The said Notifications were issued for the purpose of implementation of a scheme called 'Arkavathy Layout'.

(2.) At this stage itself, it may be mentioned that Petitioners herein did not assail those Notifications. However, there were several land owners who had assailed the said Notifications. Learned single Judge of this Court quashed the acquisition, but the Division Bench of this Court, set aside the order of the learned Single Judge and issued certain directions subject to which formation of Arkavathy Layout was upheld. Thereafter, the matter was taken to the Hon'ble Supreme Court in the case of 'BONDU RAMASWAMY AND OTHERS v. BANGALORE DEVELOPMENT AUTHORITY AND OTHERS [ (2010) 7 SCC 129] and other cases. The Hon'ble Supreme Court confirmed the Judgment of the Division Bench in all respects except with regard to a few modifications in the directions issued with regard to acquisition of certain villages. The Hon'ble Supreme Court permitted the State Government as well as BDA to issue a fresh final Notification after seeking modification of the scheme. Pursuant to directions issued by the Division Bench of this Court as well as Hon'ble Supreme Court, BDA has issued final Notification dated 18.6.2014. The said Notification along with Preliminary Notification dated 03.02.2003 are assailed in these writ petitions.

(3.) I have heard learned Counsel for Petitioners and learned Additional Government Advocate who has appeared on advance notice and perused the material on record.