High Court of Karnataka Considers Writ Petitions Against Land Acquisition Notifications for Nadaprabhu Kempegowda Layout; Petitioners Seek Quashing of Preliminary and Final Notifications Under BDA Act, 1976.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

Multiple writ petitions were filed under Articles 226 and 227 of the Constitution of India by various landowners challenging land acquisition proceedings initiated by the Bangalore Development Authority (BDA) for the formation of Nadaprabhu Kempegowda Layout. The petitioners sought quashing of the preliminary notification dated 21.05.2008 issued under Sections 17(1) and 17(3) of the BDA Act, 1976, and the final notification dated 18.02.2010 issued under Section 19(1) of the same Act. The petitioners contended that the acquisition was illegal and violative of their rights. The State of Karnataka and BDA opposed the petitions and sought to sustain the acquisition. The court, after hearing the parties, pronounced judgment on 11.07.2014. The matters were disposed of by a common order.

Issue of Consideration

Whether the preliminary notification dated 21.5.2008 under Sections 17(1) and 17(3) of the Bangalore Development Authority Act, 1976 and the final notification dated 18.2.2010 under Section 19(1) of the same Act, issued for the formation of Nadaprabhu Kempegowda Layout, are liable to be quashed.

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Case Details

2014 LawText (KAR) (07) 32

W.P. No. 32186 of 2010 (LA-BDA) and connected matters

2014-07-11

Anand Byrareddy, J.

Udaykumar H.B., D.L. Jagadeesh, A. Nagarajappa, G. Krishna Murthy, M/s. Agnihotri Associates, D. Nagaraj, Jayakumar S Patil

R. Shankaran & Others

State of Karnataka & Others

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Nature of Litigation

Writ petitions under Articles 226 and 227 of the Constitution of India challenging land acquisition notifications.

Remedy Sought

Quashing of the preliminary notification dated 21.5.2008 and the final notification dated 18.2.2010.

Filing Reason

Acquisition of land for the formation of Nadaprabhu Kempegowda Layout by the Bangalore Development Authority.

Procedural History

Writ petitions filed; heard and judgment pronounced on 11.07.2014.

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Land Acquisition Act, 1894: Section 4(1)
  • Bangalore Development Authority Act, 1976: Sections 17(1), 17(3), 19(1)
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High Court High Court of Karnataka Considers Writ Petitions Against Land Acquisition Notifications for Nadaprabhu Kempegowda Layout; Petitioners Seek Quashing of Preliminary and Final Notifications Under BDA Act, 1976.