BANGALORE DEVELOPMENT AUTHORITY, BENGALURU Vs. N. GOVARDHAN REDDY

JUDGEMENT

(1.) Aggrieved by the impugned order dated 12-4-2016 passed by the learned Single Judge in Writ Petition No. 56164 of 2014, in allowing the writ petition and holding that acquisition proceedings have been abandoned, respondents 2 and 3 therein - Bangalore Development Authority have preferred this appeal.

(2.) The case of the writ petitioners is that they are the owners of the lands in question. Though the preliminary notification is of the year 1978 and final notification is of the year 1987, thereafter no further proceedings have taken place. Therefore, the scheme of acquisition has lapsed in terms of Section 27 of the Bangalore Development Authority Act, 1976, and also under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(3.) The learned Single Judge was of the view, that since the layout has not been developed, Section 27 of the BDA Act, comes into play. However, the learned Single Judge exercised caution to the Bangalore Development Authority that since the petitioners' claim to title was under a cloud and the allowing of the instant writ petition will not confer absolute right, title and interest to the writ petitioners by virtue of abandonment of acquisition proceedings and further held that the title of the petitioners would have to be established by them, elsewhere.