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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01^ST DAY OF DECEMBER, 2020

PRESENT

THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

AND

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

W.A.No.1415/2018 (LA – BDA)

BETWEEN:

SRI. L.RAMAREDDY,

SON OF LATE LINGA REDDY,

AGED ABOUT 73 YEARS,

RESIDING AT No.10/1, 26^TH MAIN ROAD,

HSR LAYOUT, AGARA VILLAGE,

AGARA POST,

BENGALURU – 560 034.

… APPELLANT

(BY SRI. SAMPATH BAPAT, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA,

URBAN DEVELOPMENT DEPARTMENT,

VIDHANA SOUDHA,

BENGALURU – 560 001.

REPRESENTED BY SECRETARY.

2.

THE COMMISSIONER,

BENGALURU DEVELOPMENT AUTHORITY,

KUMARA PARK WEST,

BENGALURU – 560 020.

3.

THE SPECIAL LAND ACQUISITION OFFICER,

BENGALURU DEVELOPMENT AUTHORITY,

R

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KUMARA PARK WEST,

BENGALURU – 560 020.

4.

NANDA RANGASWAMY,

WIFE OF RANGASWAMY,

AGED ABOUT 38 YEARS,

RESIDING AT No.213, D BLOCK,

BRIGADE PALM SPRING

APARTMENT,

J.P.NAGAR 7^TH PHASE,

BENGALURU – 560 078.

5.

SHAMEEM FATIMA,

WIFE OF M.ENAYATH

ULLA SHARIFF,

AGED ABOUT 59 YEARS,

REPRESENTED BY GPA HOLDER,

M.BARKATHULLAH SHARIFF,

S/O.MR. M ENAYATH ULLA SHARIFF,

RESIDING AT NO.16, 5^TH CROSS,

17^TH MAIN, 5^TH BLOCK,

KORAMANGALA LAYOUT,

BENGALURU – 560 095. … RESPONDENTS

(BY

SRI.

T.L.

KIRAN

KUMAR,

AGA

FOR

R-1,

SRI

I.G.GACHCHINAMATH, ADVOCATE FOR R-2 & R-3, SRI.

JOSEPH ANTHONY, ADVOCATE FOR R-4 & R-5)

*****

THIS APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE

ORDER

DATED

16/04/2018

IN

W.P.NO.17432/2014

[LA-BDA] AND ALLOW THE WRIT PETITION AS PRAYED FOR.

THIS APPEAL COMING ON FOR ORDERS THIS DAY,

NAGARATHNA, J., DELIVERED THE FOLLOWING:

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JUDGMENT

Though this appeal is listed for orders with the consent

of learned counsel on both sides, it is heard finally.

2.

The

petitioner

in

W.P.No.17432/2014

has

preferred this intra Court appeal assailing the order of the

learned Single Judge dated 16.04.2018. By the said order,

the writ petition filed by the petitioner/appellant herein has

been dismissed.

3.

Briefly stated the facts are that the petitioner

claims to be the owner of 20 guntas of land in Sy.No.146 of

Agara Village [hereinafter, referred to as “the land in

question”, for the sake of convenience]. The said land was a

part of larger extent of land measuring 21 acres and 33

guntas, out of which, the subject land of 20 guntas is stated

to

be

in

the

ownership

of

the

petitioner.

The

respondent/Bangalore Development Authority (‘BDA’ for the

sake of convenience) issued preliminary notification dated

15.12.1984

under

Section

17(1)

of

the

Bangalore

Development Authority Act, 1976 (hereinafter referred to as

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‘the BDA Act’ for the sake of brevity) intending to acquire,

inter alia, the land in question. The said notification was

followed by a declaration and final notification dated

28.12.1986 issued under Section 19(1) of the BDA Act. It is

stated at the Bar that the award in respect of the subject land

was passed on 07.07.1987 and the possession was taken on

15.07.1987.

4. When the matter stood thus, the petitioner had filed

W.P.No.18044/2000 before this Court. A Division Bench of

this Court by judgment dated 18.08.2000 dismissed the said

writ petition. While dismissing the writ petition, the Division

Bench had recorded that the petitioner was not entitled to the

relief sought for in the writ petition under Section 38C(2) of

the BDA Act as amended by the Amended Act, 1999

(Karnataka Act 1 of 2000). As the said provision was not

brought into force and subsequently repealed by Karnataka

Ordinance 4 of 2000, the said Section was no more in the

statute book and the validity of the said repealing Ordinance

had been upheld by this Court in John B. James vs.

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Bengaluru Development Authority [ILR 2000 KAR