The main legal point established in the judgment is that an illegal order passed in contravention of a statutory mandate is not ab initio void, and the binding nature of an order passed by the court on the authority.

JUDGMENT/ORDER

ALOK ARADHE, J. - This intra Court appeal emanates from an order dtd. 22/10/2020 passed by the learned Single Judge of this Court in a Writ petition preferred by respondent No.2 (hereafter referred to as 'the land owner'). By the said order learned Single Judge has quashed the endorsements dtd. 18/8/2018 and 20/8/2018 issued by the State Government under Sec. 48 of the Land Acquisition Act, 1894 and the writ petition has been allowed. In order to appreciate the grievance of the appellant, relevant facts need mention, which are stated infra.

2. The land owner was the owner of the land bearing Sy.No.95/1, measuring 1 acre 30 guntas situated at BheemanaKuppe Village, Kengeri Hobli, Bengaluru South taluk and in the part of the aforesaid land, a brick factory is built. In the aforesaid land in addition to other lands were acquired for formation of Nadaprabhu Kempegowda residential layout. Accordingly, preliminary notification dtd. 21/5/2008 was issued under Sec. 17(1) and (3) of Bangalore Development Authority Act, 1976 (hereinafter for short referred to as 'the Act'). Thereafter, final notification dtd. 18/8/2020 under Sec. 19 of the Act measuring 1 acre 23 guntas out of the land held by the land owner. The land measuring 1 acre 30 guntas was notified for acquisition.

3. The land owner challenged the validity of the notification issued under Sec. 17 and 19 of the Act dtd. 21/5/2008 and 18/8/2018 respectively, in the writ petition namely W.P.No.4287/2012. In the aforesaid writ petition, Bangalore Development Authority (hereinafter refered to as 'the authority') was also impleaded as respondent. Learned Single Judge of this Court by order dtd. 21/4/2014 disposed of the writ petition in the following terms: "the learned Senior Advocate Shri Jayakumar S Patil, appearing for the Counsel for the respondent - Bangalore Development Authority, files a memo, which reads as follows:-

MEMO

The respondents 2 and 3 respectfully submits that in view of the status report of the Schedule Property in the above Writ Petition there is a Brick Factory in the name and style of "Beershwara Table Bricks" which is registered on 1989. Accordingly, the case of the petitioner along with the report of the Land Acquisition Sec., proposal will be sent to the Government for appropriate action. In view of the same the above writ petition may be disposed off, in the interest of justice and equity".

In view of the memo, it is now for the State Government to pass appropriate orders. The State Government to pass orders. The State Government shall expedite consideration and shall pass orders on or before 30/6/2014, failing which, it shall be deemed that the lands are withdrawn from the acquisition proceedings.

The petition stands disposed of."

4. Admittedly, it is not in dispute that the State Government did not consider the prayer of the land owner within the time limit set out by the Court in the aforesaid order. Subsequently, nearly after a period of four years by an endorsement dtd. 18/8/2018, the claim made by the land owner under Sec. 48 of the Act, seeking denotification of the land, was rejected. The land owner challenged the endorsement dtd. 18/8/2018 and 20/8/2018 in a writ petition which has been allowed by the learned Single Judge. In the aforesaid factual background this appeal arises for our consideration.

5. Learned counsel for the authority submitted that the order dtd. 21/4/2014 passed by the learned Single Judge in W.P.No.4287/2012 is a nullity and therefore the issue with regard to its validity can be set-up even in the co-lateral proceeding. It is further submitted that the order dtd. 21/4/2014 passed by the learned Single Judge has been passed in contravention of the mandate contained in Sec. 48 of the Act. It is also urged that the learned Single Judge ought to have appreciated that only on a small portion of land brick factory was built and no other structures were situated on the land. It is therefore contended that the learned Single