JUDGMENT :

K.V. ARAVIND, J.

Heard Sri G. Lakshmeesh Rao, learned counsel for the appellant; Smt. N. Anitha, learned Additional Government Advocate for respondent No.1 and Sri Rohan Hosmath, learned counsel for respondent No.2.

2. The instant writ appeal is filed under Section 4 of the Karnataka High Court Act, 1961, and is directed against the order dated 29.03.2016 passed in W.P. No.38981/2014.

Factual Matrix

3. Respondent No.2 herein has pleaded that he is the absolute owner of land measuring 0.28 guntas in Survey No.21/1B of Hulimavu Village, Bengaluru South Taluk.

3.1 The appellant – Bengaluru Development Authority (BDA) had formulated a scheme to develop a residential layout, namely, Byrasandra–Tavarekere–Madivala VI Stage. A preliminary notification under Section 17 of the Bangalore Development Authority Act, 1976, BDA Act, dated 08.09.1987 [gazetted on 11.02.1988], was issued proposing to acquire 805 acres 21 guntas of land comprising two villages, namely, Hulimavu and Arakere. A final notification under Section 19 of the BDA Act was issued on 28.07.1990 acquiring 562 acres 34 guntas, while an extent of 240 acres was dropped from the acquisition proceedings.

3.2 According to the