D HEMACHANDRA SAGAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in all these petitions have approached this court for the second time challenging the acquisition of certain lands by the Bangalore development authority, hereinafter called the 'bda', for formation of Banashankari v Stage, Jayaprakash narayana nagar 8th stage, jayaprakash narayana nagar 9th stage and gnana bharathi layout.

(2.) A preliminary notification dated December 22, 1988 was issued by the bda under Section 17 (1) of the Bangalore development authority Act, 1976, hereinafter called 'the bda act' and the same was published in the gazette dated April 6, 1989. It was followed by the declaration as published in the gazette dated may 9, 1994 under Section 19 (1) of the bda act in respect of certain lands situated in uttarahalli, vaddarapalya, vasantpura, marasandra, konanakunte, doddakallasandra, yelachenahalli, etc. For formation of banashankari 5th stage layout. Similarly, a preliminary notification dated March 23, 1988 gazetted on June 9, 1988 was issued by the bda in respect of certain lands situated in kotthanur village for formation of j. p. nagar 8th stage layout. This was followed by the declaration dated October 19, 1994 gazetted on the same day, under Section 19 (1) of the bda act. Another preliminary notification was issued on November 17, 1988 in respect of certain lands situated in konanakunte, raghuvanahalli, alahalli, doddakallasandra and arakere in respect of j. p. nagar 9th stage layout and the same was published in the gazette dated January 12, 1989. The declaration under Section 19 (1) of the bda act was made on July 22, 1991 in respect thereof. The preliminary notification in respect of gnanabharathi layout was published in Karnataka gazette dated February 29, 1989 under Section 17 (1) and (3) of the bda act in respect of certain lands situated in nagadevanahalli and valagerehalli. It was followed by a declaration dated January 29, 1994, made and published under Section 19 (1) and (2) of the bda act.

(3.) The petitioners in these petitions and some others have filed petitions before this court under articles 226 and 227 of the Constitution of India for quashing the aforesaid preliminary notifications and declarations. This court by order dated September 19, 1996, September 26, 1996, and October 7, 1996 made in different petitions allowed those petitions and quashed only the declarations issued under Section 19 (1) of the act insofar as they relate to the lands of the petitioners, leaving liberty to the authorities to proceed with the impugned acquisition from the stage of considering the report and complete the same within one year from the date of disposal in accordance with law and in the light of the observations made therein.