THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY Vs THE STATE OF KARNATAKA HOUSING AND URBAN DEVELOPMENT DEPARTMENT, & ORS.

KARNATAKA HIGH COURT 20 Sep 2017 251 of 2017 & WRIT APPEAL NO 4373 of 2017 (LA-BDA) (2017) 09 KAR CK 0052
Bench: DIVISION BENCH
Acts Referenced

Judgement Snapshot

Case Number

251 of 2017 & WRIT APPEAL NO 4373 of 2017 (LA-BDA)

Hon'ble Bench

Subhro Kamal Mukherjee, P.S.Dinesh Kumar

Advocates

KANNUR G S, V SREENIDHI, D L N RAO, SHANTHESH GUREDDI

Acts Referred
  • Bangalore Development Authority Act, 1976, Section 27 - Authority to execute the scheme within five years

Judgement Text

Translate:

1. These are appeals against the judgment and order dated April 21, 2016, together with an application for condonation of delay of 217 days in filing the appeals.

2. The land-in-question was, purportedly, acquired under the Bengaluru Development Authority Act, 1976 (for short ''the said Act''). The final notification was passed on July 28, 1990. The compensation was neither paid to the owners nor deposited with the Civil Court. The writ petitioners continue to be in possession. The Bengaluru Development Authority did not form sites nor allotted the same to the third party.

3. We do not find fault in the order of the Hon''ble Single Judge, inter alia, holding that the Scheme stood lapsed under Section 27 of the said Act.

4. The application for condonation of delay in filing the appeals is dismissed. Consequently, the appeals are, also, dismissed.

5. In view of dismissal of the appeals, I.A.No.V of 217 does not survive for consideration and is, also, dismissed.

6. We make no order as to costs.
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