RASAL BAI Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These petitions are disposed of by a common order since certain common questions arise for consideration in all these petitions.

(2.) I.As.I and II are allowed.

(3.) The petitioners are the owners of certain portions of the lands in Survey Nos. 81/1, 82/2 and 84/3 of Kacharakanahalli, Kasaba Hobli, Bangalore North Taluk. The preliminary notification was made in the year 1977 and the final notification was made in the year 1980. The lands were sought to be acquired for the Bangalore Development Authority (in short the BDA) for the purpose of developing a layout known as 'Banaswadi Road Hennur Road Layout'. A large extent of land approximately 1,200 acres had been acquired under the aforesaid notifications and a number of petitions by the owners of the lands who were aggrieved by the said preliminary and the final notifications had come before this Court and their Writ Petitions were dismissed by a series of Judgments to which a brief reference has to be made. It is on record that after the final declaration was made under Section 19(1) of the Bangalore Development Authority Act (in short the BDA Act), notices under Sections 9, 10, 11 and 12 of the Land Acquisition Act (in short the LA Act) were Issued on 2-7-1981 to the petitioners and the same were served on the petitioners. There was also a paper publication of these notices in two issues of 'Deccan Herald' dated 9-6-1981 and 18-6-1981, inviting claim applications from the persons aggrieved by the final declaration. The first petitioner had claimed compensation in respect of Survey No. 81/1 at the rate of Rs. 1.2 lakhs per acre on 14-7-1981 and he had filed his application for reference in LAC 372/80-81 under Section 18 of the LA Act to the Civil Court before the Additional Land Acquisition Officer BDA on 12-3-1984. This petitioner has also claimed compensation for the factory building at Rs. 5 lakhs, for well with pump house at Rs. 50,000/- and standing trees at Rs. 500/- each on 14-7-1981. Award was made on 4-6-1984 and, according to the BDA, possession was taken on 18-6-1984 and the matter was referred to the Civil Court under Section 18 of the LA Act on 10-1-1986. Petitioner No. 2 likewise has filed application claiming compensation at Rs. 25/- per Sq. ft. on 14-7-1981. Petitioner No. 4 has claimed on 14-7-1981 compensation at Rs. 25/- per sq.ft. and at Rs. 500/- per tree. Petitioner No. 5 has claimed compensation at Rs. 25/-per sq.ft. and at Rs. 500/- per tree on 14-7-1981. Petitioner No. 6 has filed his claim petition similarly on 14-7-1981 claiming compensation at Rs. 28/- per sq.ft. and Rs. 30,000/- for the well and pump house and at Rs. 400/- per grape tree. Petitioner No. 7 has filed his claim petition on 14-7-1981 claiming compensation at Rs. 20/- per sq.ft. and at Rs. 400/- per grape tree. Petitioner No. 8 has similarly filed claim petition on 14-7-1981 claiming compensation at Rs. 18/- per sq.ft. and at Rs. 400/- per grape tree.