KHODAY DISTILLERIES LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners in these cases are owners of lands situate in Bangalore South Taluk. The Bangalore Development Authority (for short, Authority) formulated a scheme for improvement under Section 15 of the Bangalore Development Authority Act, 1976 (hereinafter, for short, referred to as the BDA Act) for formation of a residential lay-out known as 'jaya-PRAKASH NARAYAN NAGAR' 9th Stage layout. A notification was issued on 17-11-1988 proposing a scheme for the said purpose. In the said notification, several lands including that of the petitioners were notified for acquisition. Thereafter, individual notices were issued to them as contemplated under Section 17 (5) of the BDA Act. The petitioners filed detailed objections thereto. A notification was thereafter issued on 22-7-1991 under Section 19 (1) of the B. D. A. Act declaring the lands mentioned in the schedule thereto are needed for public purpose for formation of a lay-out referred to earlier. The lands of the petitioners were also included in the said schedule. The 4th respondent herein (Spl. LAO) was appointed to perform the functions of the Deputy Commissioner under the Land Acquisition Act, 1894 (hereinafter, for short, referred to as the LA Act) and take steps for purpose of acquisition of the said lands. The Special Land Acquisition Officer issued notices under Sections 9 and 10 of the L. A. Act asking the petitioners to put forth their claims in question. Petitioners being aggrieved by the action of the respondents have filed these petitions for quashing the proceedings initiated under the BDA Act and for certain other incidental reliefs.

(2.) BEFORE we advert to the contentions raised by the parties, it is necessary to briefly notice the development of law regarding acquisition of land. Entry 33 of List I and Entry 36 of List II of VII Schedule to the Constitution provided for acquisition and requisition of land prior to Constitution (Seventh) Amendment. There was a separate Entry 42 of List III which referred to Compensation. By the Constitution (Seventh) Amendment, under Entry 42 List III, acquisition and requisition of property is provided, for the original entry had referred only to the principles on which compensation for the property acquired and requisitioned for the purpose of Union or the State Government was provided. Thus the amendment was made deleting Entry 33 of List I and Entry 36 of List II and retaining only Entry 42 in the changed form. The object of that amendemnt has been explained in the objects and reasons of the Bill relating to it and it is useful to set out the same as hereunder:

(3.) UNDER Chapter III of the BDA Act, the Authority is authorised to draft a detailed scheme for the Bangalore Metropolitan Area. Under Section 16 of the BDA Act, the Development scheme shall provide for acqusition of any land which will be necessary for or affected by the execution of the scheme amongst other things referred to in sub-section (1) thereof. Section 17 of the BDA Act provides for procedure of completion of scheme. When a development scheme has been prepared, the authority will have to draw up a notification indicating the fact of a scheme having been made, the limits of the area comprised therein with other details including that of the land which is proposed to be acquired which may be open for inspection at all reasonable hours. Section 17 (5) of the BDA Act mandates that the Authority shall serve notice on every person whose name appears in the assessment list of the Local Authority or in the Land Revenue Register as being primarily liable to pay the property tax or land revenue to show-cause as to why such acquisition of the land should not be made. Section 18 provides for sanction of the scheme after the formalities under Section 17 have been complied with such as publication of the scheme, service of notices as provided under Section 17 of the BDA Act and after consideration of the representations, if any, received in respect thereof. When the Authority submits the scheme making such modifications therein as it may think fit to the Government for sanction, such proposal shall consist of (i) a description with full particulars of the scheme including the reasons for any modifications therein; (ii) complete plans and estimates of the cost of executing the scheme; (iii) a statement specifying the land proposed to be acquired; (iv) any representation received under sub-section (2) of Section 17; (v) a schedule showing the rateable value, as entered in the Municipal assessment registers or the assessment in the land revenue registers; and (vi) other particulars, if any, as may be prescribed. After considering the proposal submitted to it, the Government, may, by order, give sanction to the scheme.