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2021 Supreme(Kar) 841

ABHAY S.OKA, S.VISHWAJITH SHETTY
B. V. Shivaswamy, S/o (Late) B. P. V. Swamy – Appellant
Versus
Government Of Karnataka, Represented By Its Principal Secretary, Urban Development Department, Dr. Ambedkar Veedhi, Bangalore – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri B.N. Harish, Amicus Curiae
For the Respondent:Shri V. Sreenidhi, AGA, Shri. M.N. Ramanjaneya Gowda, Shri. K. Sachindrakaranth, Advocate.

ORDER :

By this public interest litigation, bulk allotment of a land to an extent of 33 acres 02 guntas situated at Doddakallasandra village, Uttarahalli Hobli, Bangalore South Taluk in Sy.Nos.15, 16 and 17 (the Schedule Land) made by the Bangalore Development Authority (for short ‘the BDA’) to the Bangalore Development Authority Employees’ Welfare Association (4th respondent) has been questioned on various grounds. The BDA has been established under Section 3 of the Bangalore Development Authority Act, 1976 (for short ‘the BDA Act’)

2. When this petition came up for hearing before the first Court on 16th January, 2019, it was noticed that the Advocate for the petitioner is no more. Therefore, Court notice was ordered to be issued to the petitioner. After service of Court notice, none appeared for the petitioner and, therefore, this Court by Order dated 3rd June 2019 appointed Shri. B.N. Harish, Advocate as amicus curiae to assist the Court.

3. On 17th November, 1998, a notification was issued by the Commissioner of the BDA for acquisition of 1111 acres of the land for formation of a layout known as Jayaprakash Narayan Nagar, 9th stage. The Schedule Land was included in the said notif

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