IMPORTANT POINTS
Sections 6A and 11 of Land Acquisition Act, 1894 are not applicable to BDA Act.
High Court allowing writ petition without noticing/referring the appropriate constitution Bench decision of Supreme Court is not proper.
Delay in issuance of final notification largely due to actions of the landowners should be condoned.
Responsibility should be fixed on the officials who tried to exclude the land from acquisition in connivance with influential persons.

JUDGMENT

ARUN MISHRA, J.

1. Delay condoned.

2. Leave granted.

3. The Bangalore Development Authority (for short, “the BDA”) has questioned the orders passed by the Division Bench of the High Court dismissing writ appeals vide judgment and order dated 28.04.2017, confirming the order passed by the Single Bench. The appeals have also been filed against the orders of the Single Bench directly before this Court as Division Bench has already dismissed the writ appeals arising out of the same scheme/orders.

4. The BDA is Town Planning Authority for the city of Bangalore, State of Karnataka and a notified developer. It is entrusted with the task of preparation of city development schemes and its execution. Section 15 of the Bangalore Development Authority Act, 1976 (for short referred to as “the BDA Act”) confers power to draw up the development schemes. Section 16 of the BDA Act provides for the particulars to be included in the development scheme. The same is required to be published in terms of provisions contained in Section 17 of the BDA Act in the official gazette and in the manner prescribed therein. On 30.12.2008 the BDA published a scheme and notification under Section 17 of the BDA Act for the formation of the layout at as "Dr. K. Shivaram Karanth Layout” including link roads.

5. The scheme was approved by Government of Karnataka vide its orders dated 3.12.2008. 45% of the land covered under the scheme was to be used for the civic amenities, playgrounds, roads etc., and the residential sites would be formed by utilizing the remaining 55% of the land. Out of this 55% developed residential area i.e. 40% of 55% will be offered as compensation to the farmers as specified in the scheme and the remaining 60% of 55% will be the share of BDA. The farmers were also given the option to accept either the developed eligible residential land or opt for compensation as per the Land Acquisition Act, 1894 (for short “the LA Act”). Notice to that effect was thereby given to all concerned in accordance with the provisions of subSections 1 and 3 of Section 17 of the BDA Act and in accordance with Section 36 of the BDA Act. The Special Land Acquisition Officer, Bangalore Development Authority, Bangalore, his staff, and workmen were authorized to exercise the powers conferred under Section 4(2) of the LA Act and section 52 of the BDA Act. Objections were also invited from the interested persons to be filed within 30 days of the publication of the notification. It was also mentioned that any sale, mortgage, assignment, exchange or otherwise of any layout or improvements made therein without sanction of the Deputy Commissioner (Land Acquisition), Bangalore Development Authority, Bangalore after the date of publication of the notification shall under Section 24 of the LA Act be disregarded by the Officer assessing compensation for such parts of the said lands as will be finally acquired.

6. The BDA has to consider the objections to the preliminary notification and submit them to the Government as required under the BDA Act. Under section 18(3) of the BDA Act it is for the Government to sanction the scheme and under Section 19 of the said Act, it is for the Government to make a final declaration and publication.

7. The BDA received a large number of objections. State Government also issued a direction to withdraw the acquisition of the land to the extent of 257 acres and 20 guntas from various villages. Representations for deletion were also favourably considered for 446 acres and 7 guntas of the land. In the year 2012, with regard to the withdrawal of acquisition of 446 acres and 7 guntas, and action of State Government questions were raised in the Assembly and the State Government ultimately ordered an inquiry to be held in the year 14.11.2012 and yet another inquiry was ordered by the State Government into the matter pertaining to the same acquisition on 19.01.2013.

8. The writ petitions were then filed on the ground that Government and the BDA h