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2008 Supreme(Kar) 38

N.KUMAR
SUDARSHAN – Appellant
Versus
BDA – Respondent


Advocates appearing for
Petitioners: Sri N.D.R. Ramachandra Rao and C.N. Murthy, Advs.
Respondents:Sri K. Krishna, Advocate for R 1, M. Keshava Reddy, AGA.

ORDER

Kumar, J.

The petitioners in all these writ petitions are seeking a direction to the Bangalore Development Authority to comply with the orders dated 30th March 2007, passed by the Hon’ble Supreme Court in Civil Appeal No.7791/1997 and refund to the petitioners the property taxes collected from them till 24-7-1992, i.e. till the date of amendment effected to the RDA. Act, by the RDA. (Amendment) Act, 1993, together with Bank rate of interest from the date of receipt of tax amount till the date of repayment.

2. Subsequently, in Writ Petition No.712/2002 the petitioners filed an application for an amendment, to incorporate an additional prayer, to declare that the Bangalore Development AuthOrity and Certain other Law (Amendment) Act, 2002 (Karnataka Act No.19 of 2002) published in the Karnataka Gazette dated 9th September 2002, as ultra vires the Constitution of India and to strike down the same. The said application is allowed. Therefore, the fate of all these writ petitions revolve round the constitutional validity of the aforesaid Amendment Act. Therefore, they are taken up for consideration together and disposed of by this common order.

3. Brief background:

All these petitio






































































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