K N KAMALAMMA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD Sri C.B. Srinivasan, learned senior counsel on behalf of Sri Rameshchandra, learned counsel, Sri T.N. Raghupathy and Sri M.R. Rajagopal, learned counsel appearing for the respective petitioners, and sri K. Krishna, learned counsel for the respondent.

(2.) AS common questions of law on similar facts are involved in the aforesaid matters, the same are heard together and disposed of by this common order. These petitioners had filed three connected writ petitions in this Court under Articles 226 and 227 of the constitution of India with a prayer to quash the notices dated 6.12.1997 and 12.12.1997 marked as Annexure " B and D respectively issued by the respondent/Bangalore Development Authority ("the EDA" for short). The further prayer was made for issuance of writ of mandamus for considering the case of the petitioners for reallotment/reconveyance of sites. The aforesaid petitions were consolidated for hearing and by a common order the matter came to be disposed of by a common order the matter came to be disposed of by a Division Bench on 12.6.2002. For the reasons recorded therein, the petitions were dismissed. On account of the dismissal of the said petition, petitioner/A.N. kamalamma who had filled W.P. No.36417/1997 and the petitioner in W.P. No.36418/1997 had approached the Hon"ble supreme Court by filing a special Leave petition which was registered as special Leave to Appeal (civil) No.19038/2002 and No.716/2003 respectively. It came up for hearing before the Hon"ble supreme Court on 23.1.2004.

(3.) THE facts of the case in short as appearing RP No.113/2004 are noticed for the purpose of narration. THE petitioner claims to be the owner of sites formed in Sy.No.8/5 and 8/6 of Gerahalli village. According to her, she has purchased the respective sites from the predecessor in title, constructed houses thereon and has been in occupation thereof. Subsequently, the whole of the lands in question had been acquired by the respondent/BDA for the purpose of formation of layout and distribution of sites in accordance with the provisions of the Bangalore Development Act, 1976 (in short referred to as "the Act"). It is the case of the petitioner that while forming layouts, the respective sites on which some buildings were constructed had been left out from the layout on the ground that it was not practicable to include them in the layout plan. However the acquisition has been proceeded with for development of a planned layout and the roads etc., were to be provided. It has also been pleaded by the petitioner that in view of incorporation of Section 38-C of the act, BDA has passed the resolution to reconvey the respective sites to each of the owners of the sites with reference to the survey numbers. But then, instead of reconveying it to them, BDA proceeded to issue the impugned notices asking them to demolish the construction put up by the petitioners on such site. Hence the Writ petition was filed.