The court affirmed the validity of the land acquisition process by the Bangalore Development Authority, emphasizing compliance with statutory provisions and the necessity of balancing public interest with landowners' rights.

JUDGMENT :

P.S.Dinesh Kumar, J.

The present appeals are filed by the Bangalore Development Authority [‘BDA’ for short] challenging the order dated 11.7.2014 passed in WP.No.32186/2010 and other connected matters, whereunder a learned Single Judge of this Court quashed the notifications issued for acquisition of the lands for formation of a residential layout known as “The Nadaprabhu Kempegowda Layout”.

2. The relevant facts necessary for consideration of the present appeals are that the acquisition proceedings by the BDA for acquiring the lands under the provisions of the Bangalore Development Authority Act, 1976[‘The Act’ for short]. Consequent to a resolution dated 3.9.2007 of the BDA, on 18.9.2007 it addressed a letter to the State Government with all the relevant particulars seeking its approval for the scheme. On 2.4.2008 the Government accorded approval and on 21.5.2008 a Preliminary Notification was issued under Section 17 of the Act proposing to acquire an extent of 4814 acres and 15 guntas of land. Vide resolution bearing No.340/09 dated 12.1.2010, the BDA furnished the details as noticed in the said resolution and sought approval for issuance of notification under Section 18 of the Act in respect of 4043 acres and 27 guntas of land and vide letter dated 27.1.2010 the BDA sent to the Government its request enclosing a copy of the said resolution dated 12.1.2010. The Government of Karnataka in its proceedings dated 16.2.2010 accorded approval and sanctioned the scheme under Section 18(3) of the Act for acquisition of 4043 acres and 27 guntas of land. Accordingly, on 18.2.2010 a Final Notification was issued under Section 19 of the Act and 4043 acres and 27 guntas was declared as notified for formation of the layout.

3. The lands sought to be acquired are from 12 villages and the details of which are as follows:

4. It is forthcoming from the order dated 2.4.2008 that the government after verifying the proposal of the BDA, while according approval to issue preliminary notification under Section 17 of the Act has ordered, inter alia, as follows:

i) to reserve 45% of the area for civic amenities and to use remaining 55% of the land for residential sites by giving 40% of the developed sites at the ratio of 60:40 per acre to the land owners i.e., 9583 sq.ft., area or to pay compensation amount (land owners on request were eligible to receive compensation partly in money and partly in developed sites);

ii) to reserve 20% of the sites and to allot sites of 6x9 metres to schedule caste, schedule tribe and backward classes category and to take steps to construct free houses to the economically weaker sections;

iii) apart from reserving suitable civic amenity sites, to provide basic amenities to the layout by BBMP, BWSSB, BESCOM and BMTC and other institutions;

iv) to provide separate water pipe for the purified water by BWSSB and for drinking water while forming layout;

5. It is further forthcoming that in the Government Order dated 16.2.2010 under Section 18(3) of the Act, that the same is passed subject to the following conditions:

i) That the entire expenses of the project shall be borne by the BDA out of its resources;

ii) That any loan that will be availed by the BDA for t