BANGALORE DEVELOPMENT AUTHORITY & Anr. v. THE STATE OF KARNATAKA & Anr.

1.4 The State Government as well as the BDA is directed to proceed further to issue final notification without any further delay. The impugned orders passed by the Single Judge and the Division Bench are hereby quashed and set aside. The scheme and notification under Section 17 of the BDA Act are hereby upheld. The Land Acquisition Officer proposed exclusion of 251 acres of land from acquisition on being asked by the Government after the preliminary notification was issued. The Land Acquisition Officer, has considered another 498 acres of land to be excluded from being acquired. In connection to this, several questions were raised in the Karnataka Legislative Assembly, as a result of which two inquiries were ordered by the State Government i.e on 24.11.2012 and 19.01.2013. However, result of the inquiry is not forthcoming. Further, it appears that the exclusion of the lands from acquisition was proposed in connivance with influential persons; political or otherwise. The BDA and the State Government have to proceed with the acquisition of these lands. It is just and proper to hold an inquiry for fixing the responsibility on the officials of the BDA and the State Government for trying to exclude these lands from acquisition. Therefore, Hon’ble Mr. A B C D E F G H BANGALORE DEVELOPMENT AUTHORITY & ANR. v. STATE OF KARNATAKA & ANR. 445 Justice K.N. Keshavanarayana, former Judge of the Karnataka High Court is appointed as the Inquiry Officer for fixing the responsibility on the officials of the BDA and the State Government who were responsible for the aforesaid. The Inquiry Officer to submit his report to this Court as expeditiously as possible. [Paras 24-26] [460-C-H; 461-B]

1.5 The State Government and the BDA are further directed to proceed with the acquisition of the aforementioned lands without excluding land from acquisition and submit a report to Supreme Court of the steps taken by them. [Para 27] [461-C] Offshore Holdings Private Limited v. Bangalore Development Authority and Others (2011) 3 SCC 139 : [2011] 1 SCR 453 – followed.