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P. S. DINESH KUMAR, C. M. POONACHA
Bangalore Development Authority And Ors. – Appellant
Versus
R. Shankaran S/O Sri. Rangaswamy – Respondent
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
Public auction does not confer superior rights against lawful land acquisition, emphasizing public interest over individual acquisition claims.
Acquisition of isolated lands is unjustified if neighboring lands are excluded, necessitating adherence to Committee recommendations as per judicial directives.
Subsequent land purchasers do not have rights to challenge land acquisition validity established prior to their transactions, but may claim compensation.
Failure to demonstrate legal possession invalidates land acquisition; lapse of the acquisition scheme confirmed by statutory mandates.
The court held that subsisting interest is essential for maintaining land acquisition challenges, and statutory compliance prevails over claims of lapse unless proven otherwise.
Court affirmed that acquisition proceedings under the BDA Act remain valid despite contestation over land classification as forest land.
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