KRISHNAPPA REDDI S A Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Petitioners in both these cases have challenged the validity of acquisition under Sections 17 and 19 of the Bangalore Development Act, 1976 (hereinafter referred to as the 'Act') and/or in the alternative sought for an issue of a writ in the nature of mandamus directing the Bangalore Development Authority (hereinafter referred to as the 'BDA'J to regulate their unauthorised occupation to the extent permissible under Government Order, dated 12-10-1987.

(2.) Sri M. Ranga Rao, learned counsel for petitioners, rightly and fairly submitted in the inception itself that points which he intends to canvass, though purport to cover by a decision of this Court in Hanumanthappa v State of Karnataka (ILR 19b7 Karnataka 3024). In fact, have not been touched or considered and even if considered require reconsideration. Points formulated are :-

(3.) As there is very little controversy on procedural aspect. Court can straightaway proceed to consider the effect of salient provisions and for this purpose it is necessary to extract Section 36 of the Act and Section 11A of the Land Acquisition Act. They read thus : - Sec. 36 Provision applicable to the acquisirion of land otherwise than by agreement:- (1) The acquisition of land under this Act otherwise than by agreement within or without the Bangalore Metropolitan Area shall be regulated by the provision, so far as they are applicable. of the Land Acquisition Act, 1894. Section 11A of Land Acquisition Act, reads thus :- 11-A. Period within which an award shall be made-The collector shall make an award under Section 11 within a period of two years from the date of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse : "Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984, the award shall be made within a period of two years from such commencement. Explanation. - In computing the period of two years referred to in this section, the period during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be excluded. (Emphasis supplied) The act is silent regarding the mode of determination of compensation and passing of an award. Submission of Sri Ranga Rao, learned counsel for the petitioners, was that in the absence of those provisions in the Act, provisions of the Land Acquisition Act fully govern determination of compensation and passing of award. In that process, if B D.A has not adhered to Section 11-A extracted above, acquisition automatically lapses.