Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bangalore Development Authority |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Miscellaneous Application |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Bangalore Development Authority Act, 1976: Object of its legislation – The primary object of the BDA Act is to carry out a planned development – Acquisition, is merely incident of such planned development. Bangalore Development Authority Act, 1976: s.36 – Applicability of Land Acquisition Act, 1894 to the acquisition made under the 1976 Act – Held: The provisions of the LA Act would be attracted only insofar as they are applicable to the BDA Act – Where there are specific provisions under the BDA Act, the provisions of the LA Act will not be attracted – The BDA Act provides a complete process for determination of rights – For the purpose of the claims in regard to the matters which are not specifically dealt with in the BDA Act, reference to the LA Act in terms of s.36 is made – The intention of the Legislature is to take recourse for the provisions of the LA Act to a limited extent and subject to the supremacy of the provisions of the BDA Act – Having regard to the language employed in s.36, it is a legislation by incorporation – Thus, the provisions of the LA Act continue to apply for acquisitions made in the BDA Act so far as they are applicable as it is a legislation by incorporation having regard to s.36 of the BDA Act – Legislation. Offshore Holdings Private Limited v. Bangalore Development Authority and others (2011) 3 SCC 139:[2011] 1 SCR 453 – followed Legislation: Legislation by incorporation – Incorporation of an earlier Act into the later Act is a legislative device for the sake of convenience in order to avoid verbatim reproduction of the provisions of the earlier Act into the later Act – Once the incorporation is made, the provisions of incorporated statute become an integral part of the statute in which it is transferred and thereafter there is no need to refer to the statute from which incorporation is made and any subsequent amendment made in it has no effect on the incorporating statute – Bangalore Development Authority Act, 1976 – Land Acquisition Act, 1894. C.N. Paramasivam and Another v. Sunrise Plaza Through Partner and Others 2013 (9) SCC 460 : [2013] 4 SCR 1 – relied on. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24 – Applicability to acquisition made under the BDA Act – Held: s.24 of the 2013 Act expressly refers to the land acquisition proceedings initiated under the LA Act – The 2013 Act repeals only the LA Act and not any other Central or State enactment dealing with acquisition – Therefore, what is sought to be saved under s.24 of the 2013 Act is only acquisitions which had been initiated under the LA Act and not those acquisitions which had been initiated under any other Central or State enactment – 2013 Act would not regulate the acquisition proceedings made under the BDA Act – Bangalore Development Authority Act, 1976. Sri. L. Ramareddy v. the State of Karnataka and Ors. W.A. No.1415/2018 (LA-BDA) disposed of on 1st December, 2020 – approved. Special Land Acquisition Officer, KIADB, Mysore and Another v. Anasuya Bai (dead) by Legal Representatives and others 2017 (3) SCC 313:[2017] 4 SCR 187 – referred to. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2022 INSC 78 |
Petitioner | Bangalore Development Authority & Anr. |
Respondent | State Of Karnataka & Ors. |
SCR | [2022] 1 S.C.R. 334 |
Judgement Date | 2022-01-20 |
Case Number | 1614-1616 |
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