Karnataka High Court
Bengaluru Development Authority vs Smt E Mathew on 9 June, 2023
Bench: Chief Justice, M.G.S. Kamal
-1-
NC: 2023:KHC:19766-DB
WA No. 248 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 248 OF 2022 (LA-BDA)
BETWEEN:
1. BENGALURU DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD
KUMARA PARK WEST
BENGALURU - 560 020
REP. BY ITS COMMISSIONER.
2. THE ADDITIONAL LAND
ACQUISITION OFFICER, BDA
T. CHOWDAIAH ROAD
KUMARA PARK WEST
Digitally BENGALURU - 560 020.
signed by
SUMA B N
Location: ...APPELLANTS
High Court
of Karnataka (BY SRI. AJAYKUMAR M., ADVOCATE)
AND:
1. SMT. E. MATHEW
W/O T.G. MATHEW
AGED ABOUT 85 YEARS
R/AT No.28, 2ND MAIN ROAD
DEFENCE COLONY
-2-
NC: 2023:KHC:19766-DB
WA No. 248 of 2022
INDIRANAGAR
BANGALORE - 560 058.
2. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
M.S. BUIDLING
K.R. CIRCLE
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. S.S. MAHENDRA, AGA FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE ABOVE
WRIT APPEAL AND SET ASIDE THE ORDER DATED 04/11/2020
PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.51853/2013 AND FURTHER BE PLEASED TO DISMISS THE
WRIT PETITION.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, M.G.S. KAMAL J., DELIVERED THE FOLLOWING:
-3-
NC: 2023:KHC:19766-DB
WA No. 248 of 2022
JUDGMENT
This writ appeal is filed against the order dated
04.11.2020 passed in W.P.No.51853/2013 by which
learned Single Judge while allowing the writ petition
declared the Preliminary Notification at Annexure-C dated
29.12.1988 and Final Notification at Annexure-C-1 dated
09.05.1994 as having stood lapsed and abandoned to the
extent pertaining to the property bearing Sy.No.33/2A
measuring 28.5 guntas belonging to the respondent
No.1/writ petitioner.
2. The aforesaid order of the learned Single Judge
has been passed allowing the writ petition as sought for in
view of the order dated:26.07.2017 of Co-ordinate Bench
of this Court in the case of Rashme Hegde Gopi and anr
Vs BDA and others in W.P.Nos.16220-221/2016
wherein under identical facts and circumstances of the
matter it was held that BDA had not effectively and
substantially implemented the scheme and consequently
NC: 2023:KHC:19766-DB
WA No. 248 of 2022
the scheme as well as acquisition proceedings had lapsed
in terms of Section 27 of the BDA Act.
3. It is not in dispute that appellant-BDA had issued
a Preliminary Notification dated 29.12.1998 proposing to
acquire an extent of 1851.39 acres of land for the purpose
of forming a residential layout known as Banashankari V
Stage. That the Final Notification was issued on
09.05.1994 which included land in Sy.No.33 belonging to
the respondent No.1/writ petitioner. The said Notification
was challenged by respondent No.1 in the above writ
petition claiming to be owner of land in Sy.No.33/2A and
also contending that though appellant-BDA had issued
Preliminary and Final Notification neither the award was
passed nor possession was taken. As such entire scheme
and acquisition had lapsed as per Section 27 of BDA Act.
On a query by this Court regarding implementation of the
scheme, learned counsel for the appellant admitted that
the scheme had not been implemented as yet.
NC: 2023:KHC:19766-DB
WA No. 248 of 2022
4. In view of the above admitted position and in
view of the order passed in Rashme Hegde's case which
the learned Single Judge has referred to in the order to
grant similar relief to the respondent No.1/writ petitioner,
we do not find any infirmity or illegality in the impugned
order. Accordingly, writ appeal is dismissed.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
SBN
