2016 (2) AKR 737 ::(2016) 4 KCCR 545

Karnataka High Court

Hon'ble Judge(s): Anand Byrareddy , J

(A) Constitution of India Art. 226 — Writ petition — Maintainability — Proceedings for land acquisition under Karnataka Urban Development Authority Act, 1987 quashed — Appeal against — Pendency — Means there is possibility of over turning or quashing of acquisition proceedings in future — Thus in circumstances petitioners not precluded from urging and seeking to enforce a statutory rights, which they claim has accrued to them subsequent to order under challenge in pending appeals — Therefore, petitions, held maintainable, notwithstanding earlier order in respect of very acquisition proceedings

(B) Karnataka Urban Development Authorities Act (34 of 1987) S. 17 , 36 — Bangalore Development Authority Act (12 of 1976), Ss 26, 36 — Acquisition of land — Acquisition under BDA Act, 1976 and KUDA Act, 1987, to be regulated by Land Acquisition Act, 1894 — S 36 of both Acts can be construed as legislation by reference — Land Acquisition Act, 1894 repealed by Act of 2013 — Sea change as to acquisition, compensation, rehabilitation and resettlement under New Act of 2013 — Would render KUDA Act and BDA Act ' unworkable and ineffectual' ? — Thus provisions under New Act 2013 would be applicable to acquisition proceedings under BDA Act and KUDA Act that remained without being completed in all respects as on 1-1-2014 and proceedings initiated thereafter Constitution of India, Art 14 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation ad Resettlement Act (30 of 2013), Ss 24, 114 Constitution of India, Arts 14, 31A It is the LA Act, 2013 that shall be applied to acquisition proceedings under the BDA Act and the KUDA Act, that have remained without being completed in all respects as on 1.1.2014, and proceedings that have been initiated thereafter. A plain reading of Section 36 of the BDA Act and the KUDA Act, respectively, it would appear that it is clearly to be construed as legislation by reference. Since the acquisition under those Acts are to be regulated by the provisions of t....