Case Note & Summary
The petitioner, Sri. S. Kaleel, filed writ petitions under Articles 226 and 227 of the Constitution of India seeking a declaration that the J.P. Nagar 8th Phase scheme, Bangalore, envisaged under the preliminary notification dated 23.3.1988 and final notification dated 19.10.1994, had lapsed under Section 27 of the Bangalore Development Authority Act, 1976 (BDA Act) insofar as the properties of the petitioner were concerned. The petitioner contended that the scheme was not completed within the time limit prescribed under Section 27 of the BDA Act, which provides that if the scheme is not executed within a period of five years from the date of the final notification, it shall lapse. The respondents, including the State of Karnataka and the Bangalore Development Authority, opposed the petition. The court, after hearing the parties, held that the scheme had indeed lapsed due to non-completion within the statutory period. The court allowed the writ petitions and declared that the scheme had lapsed under Section 27 of the BDA Act.
Headnote
A) Land Acquisition - Lapse of Scheme - Section 27 of the Bangalore Development Authority Act, 1976 - The court considered whether the J.P. Nagar 8th Phase scheme had lapsed due to non-completion within the time limit prescribed under Section 27 of the BDA Act. The court held that the scheme had lapsed as the development was not completed within the statutory period. (Paras 1-3)
Issue of Consideration
Whether the J.P. Nagar 8th Phase scheme under the BDA Act has lapsed due to non-completion within the stipulated time under Section 27 of the BDA Act.
Final Decision
The court allowed the writ petitions and declared that the J.P. Nagar 8th Phase scheme had lapsed under Section 27 of the BDA Act.
Law Points
- Land Acquisition
- Lapse of Scheme
- Section 27 BDA Act
- Time Limit
- Non-Completion
Case Details
2018 LawText (KAR) (04) 8
W.P. Nos.18314/2014 & 19020/2014 [LA-BDA]
Dr. Justice Vineet Kothari
Sri. K.S. Uday for Sri. C.M. Nagabushana, Adv. for Petitioner; Sri. Dildar Shiralli, HCGP for R1; Sri. K. Krishna, Adv. for R2 & R3 - BDA
Sri. S. Kaleel (since dead by LRs: Smt. Shaheena Taj, Mohammed Farooq, Mohammed Saleem, Smt. K. Nasreen Taj, Mohammed Firoz, Mohammed Haneef, Mohammed Naveed)
State of Karnataka, Bangalore Development Authority, Additional Land Acquisition Officer
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the validity of a land acquisition scheme under the BDA Act.
Remedy Sought
Declaration that the J.P. Nagar 8th Phase scheme had lapsed under Section 27 of the BDA Act.
Filing Reason
The scheme was not completed within the time limit prescribed under Section 27 of the BDA Act.
Issues
Whether the J.P. Nagar 8th Phase scheme under the BDA Act has lapsed due to non-completion within the stipulated time under Section 27 of the BDA Act.
Submissions/Arguments
Petitioner argued that the scheme had lapsed under Section 27 of the BDA Act as it was not completed within the statutory period.
Respondents opposed the petition, but the court found merit in the petitioner's contention.
Ratio Decidendi
Under Section 27 of the Bangalore Development Authority Act, 1976, if a scheme is not executed within a period of five years from the date of the final notification, it shall lapse. The court applied this provision to the facts and held that the scheme had lapsed.
Judgment Excerpts
The petitioner- Sri. S. Kaleel, S/o late Noorsab has filed these writ petitions in this Court against the respondents.
Procedural History
The petitioner filed writ petitions under Articles 226 and 227 of the Constitution of India seeking a declaration that the scheme had lapsed. The court heard the parties and passed the order on 11.04.2018.
Acts & Sections
- Bangalore Development Authority Act, 1976: Section 27
- Constitution of India: Articles 226, 227
