Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bangalore Development Authority Act 1976 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) Land Acquisition Act, 1894 (1 of 1894) Bangalore Development Authority Act, 1976 (12 of 1976) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Bangalore Development Authority Act, 1976 – In 2008Bangalore Development Authority (BDA) published a scheme andpreliminary notification u/s.17 of the BDA Act acquiring lands forproviding civic amenities like roads etc. – Writ petitions filed in2014 on the ground that the State Government and the BDA did nottake any steps to issue final notification or to develop the land for5 years – Single Bench allowed the writ petitions and quashed thenotification with respect to the lands of the appellants – Writ appeals,dismissed – On appeal, held: Primary object of the BDA Act is tocarry out planned development – State Act has provided its ownscheme – Time constraints of the land acquisition are not applicableto the BDA Act – Making applicable the time frame of s.11A of theLA Act would debilitate very object of the BDA Act – Further, in thepresent case there were a large number of irregularities – Governmenthad nothing to do with respect to the release of the land at thisstage, as the stage of final notification had not reached but still thelandowners in connivance with the influential persons, political orotherwise, managed the directions to withdraw acquisition in respectof 251 acres of the land – Land Acquisition Officer consideredanother 498 acres of land to be excluded from being acquired,against which hue and cry was raised in the Assembly as well as inthe public – Three inquiries were ordered, two by the StateGovernment and one by the BDA – Owners cannot escape theliability for the delay, they cannot take the advantage of their ownwrong having acted in collusion with the authorities – Time consumedwould not adversely affect the ultimate development of Bangalorecity – Impugned orders passed by the Single Judge and DivisionBench are quashed and set aside – Scheme and notification u/s. 17are upheld – State Government as well as the BDA to proceed furtherto issue final notification without any further delay – Further, for fixing the responsibility on the officials of the BDA and the StateGovernment trying to exclude the lands from acquisition, formerJudge of the Karnataka High Court appointed as the Inquiry Officerand requested to submit his report to Supreme Court as expeditiouslyas possible – Land Acquisition Act, 1894 – s.11A. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2018 INSC 674 |
Petitioner | Bangalore Development Authority & Anr. |
Respondent | The State Of Karnataka & Anr. |
SCR | [2018] 9 S.C.R. 441 |
Judgement Date | 2018-08-03 |
Case Number | 7661 |
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