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TMI Blog2010 (5) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... h. Nobin Singh, Nataraj R., Rajesh Mahale, Radhananda, Raghavendra S. Srivatsa, K.N. Manjunath, Jagjit Singh Chhabra, K.H. Soma Shekar, Prakash Kr. Singh, Priya Kashyap, Nikhil Nayyar, Ankit Singhal, Vivekananda, V.N. Raghupathy, G.V. Chandrashekhar (for Anjana Chandrashekhar), R.B. Phookan (for J.S. Bhatia), S. Balaji, S. Srinivasan, Madhusmita Bora, S.R. Sharma, M.A. Chinnasamy, K. Krishna Kumar, B.B. Chauhan, Sanjay Parikh, M. Qamaruddin, M. Qamaruddin (for Ambar Qamaruddin), S.K. Kulkami, Anukur S. Kulkarni, Nirnimesh Dube, M. Gireesh Kumar, S.J. Aristotle, Vijay Kumar, Sanjay R. Hegde, Anil K. Mishra, Vikrant Yadav, Rajesh Srivastava, Shashi Kiran Shetty, Pradeep K. Bakshi and Sharan Dev Singh Thakur, Advs. JUDGMENT R.V. RAVEENDRAN, J 1. Leave granted. These appeals relate to the challenge of acquisition of lands for formation of Arkavathi layout on the outskirts of Bangalore by the Bangalore Development Authority [for short Bda'] Under The Bangalore Development Authority Act, 1976 (BDA Act' or Act' for short). 2. On 2.1.2001 the Executive Engineer (North) of BDA submitted a scheme report with detailed estimates for formation of a proposed new layout in an are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided to seek the sanction of the government for the acquisition of 2750 acres of land, after deleting 1089 A 12 G acres of land from the proposed scheme. On 3.2.2004, the authority passed a resolution to obtain the approval of the state government for implementation of the Arkavathi layout under Section 15(2) of BDA Act and requesting sanction for acquisition of 2750 acres for formation of 28600 sites of different dimensions. The scheme as modified at an estimated cost of Rs. 981.36 crores (in view of the reduction of the area to 2750 acres), along with the draft final notification and relevant records was forwarded by the BDA to the State Government, under cover of letter dated 13.2.2004. After securing certain clarification, by Government Order dated 21.2.2004, the State government accorded sanction for the scheme under Section 18(3) of the Act. In pursuance of it, the final declaration dated 23.2.2004 was issued by the State Government, under section 19(1) of the Act (published in the Karnataka Gazette on the same day) stating that sanction had been granted for the scheme and declaring that the lands specified in the Schedule thereto in all 2750 acres (a little more or less) wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in compliance with the principles of natural justice. (viii) The action of BDA in forming sites for allotment, even before issuing a notification under section 16(2) of the LA Act (as amended in Karnataka), declaring that possession has been taken, was bad in law. (ix) The amendment to BDA (Allotment of Sites) Rules, 1984, removing the restrictions on the allottee in regard to alienation/use, had the effect of reducing BDA, a statutory development authority, into a mere dealer/estate agent in real estate. (x) Deletion of lands similar to and contiguous to the lands of the appellants, while acquiring their lands, amounts to hostile discrimination violative of Article 14 of the Constitution. 5. Feeling aggrieved, the BDA filed writ appeals which were allowed by a division bench of the High Court, by a common judgment dated 25.11.2005 and upheld the acquisition. The Division Bench however affirmed the finding of discrimination in acquisition of some lands while deleting similarly placed adjacent lands and gave liberty to land owners to file applications seeking withdrawal from acquisition on the ground of discrimination. The Division Bench held: (i) BD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing reliefs: (i) These site owners/writ petitioners shall register themselves as applicants for allotment under the Bangalore Development Authority (Allotment of Site) Rules 1984 within a period of two months from today (extendable by another one month by BDA, if sufficient cause is shown). Petitioners will have to pay the registration fee. They need not pay initial deposit as their sites have been acquired and they have agree not to receive compensation in regard to the sites under this arrangement. (ii) The petitioners shall file applications for allotment of sites to BDA within three months from today in the prescribed form stating that they are applicants who were the petitioners in these writ petitions. Petitioners shall file their documents with BDA within a period of two months to enable BDA to verify the same. (iii) BDA will treat them as applicants entitled to priority in allotment and allot each of them a site measuring 30 x 40 in Arkavathi layout or in any other nearby layouts in Bangalore at the prevailing allotment prices subject to petitioners satisfying the twin requirements for allotment under the BDA (Allotment of sites) Rules 1984, that they must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us institutions (d) nursery lands; (e) who have set up factories (f) their lands are similar to the lands which are adjoining their lands but not notified for acquisition at all, are permitted to make appropriate application to the authorities seeking such exclusion and exemption and producing documents to substantiate their contentions within one month from the date of this order. It is made clear that the BDA shall consider such request keeping in mind the status of the land as on the date of preliminary notification and to exclude any developments, improvements, constructions put up subsequent to the preliminary notification and they decided whether their cases as similar to that of the land owners whose lands, are notified for acquisition, notified and whose objections were upheld and no final notification is issued. In the event of BDA comes to the conclusion that the lands of those persons are similarly placed, then to exclude those lands from acquisition. (ii) Petitioners who are interested in availing this benefit shall make appropriate application within 30 days from the date of this order and thereafter the BDA shall give notice to these persons, hear them and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one year from the date of the preliminary notification under section 17(1) and (3) of BDA Act, is invalid. (v) Whether the provisions of sections 4, 5A, 6 of LA Act, would be applicable in regard to acquisitions under the BDA Act and whether non- compliance with those provisions, vitiate the acquisition proceedings. (vi) Whether the development scheme and the acquisitions are invalid for non-compliance with the procedure prescribed under sections 15 to 19 of the BDA Act in regard to: (a) absence of specificity and discrepancy in extent of land to be acquired; (b) failure to furnish material particulars to the government as required under section 18(1) read with section 16 of the BDA Act; and (c) absence of valid sanction by the government, under section 18(3) of the BDA Act. (vii) Whether the deletion of 1089 A.12G. from the proposed acquisition, while proceeding with the acquisition of similar contiguous lands of appellants amounted to hostile discrimination and therefore the lands of appellants also required to be withdrawn from acquisition. Question (i) - Re: Invalidity on account of non-compliance with Article 31(3) of the Constitution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o deleted with effect from 20.6.1979 by the Constitution (Forty Fourth Amendment) Act, 1978. It is no doubt true that the BDA Act received only the assent of the Governor and was neither reserved for the assent of the President nor received the assent of the President. As clause (3) of Article 31 provided that a law providing for acquisition of property for public purposes, would not have effect unless such law received the assent of the President, it was open to a land owner to contend that the provisions relating to acquisition in the BDA Act did not come into effect for want of President's assent. But once Article 31 was omitted from the Constitution on 20.6.1979, the need for such assent disappeared and the impediment for enforcement of the provisions in the BDA Act relating to acquisition also disappeared. Article 31 did not render the enactment a nullity, if there was no assent of the President. It only directed that a law relating to compulsory acquisition will not have effect unless the law received the assent of the President. As observed in Munithimmaiah v. State of Karnataka [2002 (4) SCC 326], acquisition of property is only an incidental and not the main object and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nullity, a law on a topic within the competence but repugnant to the constitutional prohibitions is only unenforceable. This distinction has a material bearing on the present discussion. If a law is on a field not within the domain of the legislature, it is absolutely null and void, and a subsequent cession of that field to the legislature will not have the effect of breathing life into what was a still-born piece of legislation and a fresh legislation on the subject would be requisite. But if the law is in respect of a matter assigned to the legislature but its provisions disregard constitutional prohibitions, though the law would be unenforceable by reason of those prohibitions, when once they are removed, the law will become effective without re-enactment." 11. The appellants relied upon the following observations in Mahendra Lal Jain v. State of UP and Ors. [1963 Supp (1) SCR 912]:- "Parliament and the Legislatures of States have power to make laws in respect of any of the matters enumerated in the relevant Lists in the Seventh Schedule and that power to make laws is subject to the provisions of the Constitution, including Art. 13, i.e., the power is made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ples on which, and the manner in which, the compensation was to be determined and given. BDA Act, does not fix the amount of compensation, but Section 36 thereof clearly provides that the acquisition will be regulated by the provisions of the Land Acquisition Act, 1894 so far as they are applicable. Thus the principles on which the compensation is to be determined and the manner in which the compensation is to be determined set out in the LA Act, become applicable to acquisitions under BDA Act. Thus there is no violation of Article 31(2). Article 31(3) merely provides that no law providing for acquisition shall have effect unless such law has received the assent of the President. Article 31(3) does not specify any fundamental right, but relates to the procedure for making a law providing for acquisition. As noticed above, it does not nullify any laws, but postpones the enforcement of a law relating to acquisition, until it receives the assent of the President. There is therefore no violation of Part III of the Constitution that can lead to any part of the BDA Act being treated as a nullity. As stated above, the effect of Article 31(3) was that enforcement of the provisions relating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Panchayats. Article 243D relates to reservation of seats. Article 243E stipulates the duration of Panchayats. Article 243F prescribes the disqualification for membership. 243G refers to powers, authorities and responsibilities of Panchayats. Article 243H refers to power to impose taxes by Panchayats and funds of the Panchayats. Article 243I directs the constitution of Finance Commissions to review the financial position. Article 243J relates to audit of accounts of Panchayats. Article 243K relates to election to Panchyats. Article 243M enumerates the areas to which the part will not apply. Article 243N provides for continuance of existing laws and Panchayats. 14. Similarly, in Part IX-A relating to Municipalities, the terms Metropolitan Area', Municipal Area', and Municipality' are defined by Clauses (c), (d) and (e) of Article 243P. Article 243Q and Article 243R deals with the constitution and composition of Municipalities. Article 243S deals with constitution and composition of Ward Committees. Article 243T deals with reservation of seats. Article 243U deals with duration of Municipalities. Article 243V prescribes the disqualifications for membership. Article 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to- (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule; (b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule". xxx xxx xxx "243ZD. Committee for district planning.-(1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole." xxx xxx xxx "243ZE. Committee for Metropolitan planning.-(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole. & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State". In Karnataka, the Municipal Corporations for larger urban areas are constituted and governed by the Karnataka Municipal Corporations Act, 1976 (KMC Act' for short) and the Municipal Councils for smaller urban areas are constituted and governed by the Karnataka Municipalities Act, 1964 (KM Act' for short). Regulation of planned growth of land use and development and making and execution of town planning schemes in the State of Karnataka is governed by the Karnataka Town and Country Planning Act, 1961 (Town Planning Act' for short). 16. The KMC Act was exhaustively amended by Amendment Act 35 of 1994 to br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions and institutions as may be deemed necessary for carrying out of functions assigned to the committee, nominated by the State Government; (3) All the members of the House of the People and the State Legislative Assembly whose constituencies lie within the Metropolitan area and the members of the Council of State and the State Legislative Council who are registered as electors in such area shall be permanent invitees of the committee. (4) The Commissioner, Bangalore Development Authority shall be the Secretary of the Committee. (5) The Chairman of the Metropolitan Planning Committee shall be chosen in such manner as may be prescribed. (6) The Metropolitan Planning Committee shall prepare a draft development plan for the Bangalore Development Area as a whole. (7) Metropolitan Planning Committee shall, in preparing the draft development plan - (a) have regard to- (i) the plans prepared by the local authorities in the Metropolitan Area; (ii) matters of common interest between the local authorities including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... City of Bangalore Municipal Corporation Act, 1949 (Karnataka Act 69 of 1949), the areas where the City of Bangalore Improvement Act, 1945 (Karnataka Act 5 of 1945) was immediately before the commencement of this Act in force and such other areas adjacent to the aforesaid as the Government may from time to time by notification specify. Clause (j) of Section 2 of the BDA Act defines "development" as follows: "Development" with its grammatical variations means the carrying out of building, engineering, or other operations in or over or under land or the making of any material change in any building or land and includes redevelopment. Section 15 empowers Authority to undertake works and incur expenditure for development etc. The said section is extracted below:- "15. Power of Authority to undertake works and incur expenditure for development, etc.- (1) The Authority may,- (a) draw up detailed schemes (hereinafter referred to as "development scheme") for the development of the Bangalore Metropolitan Area ; and (b) with the previous approval of the Government, undertake from time to time any works for the development of the Bangalore Metropolitan Area and incur exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the fact of a scheme having been made and the limits of the area comprised therein, and naming a place where particulars of the scheme, a map of the area comprised therein, a statement specifying the land which is proposed to be acquired and of the land in regard to which a betterment tax may be levied may be seen at all reasonable hours. (2) A copy of the said notification shall be sent to the Corporation which shall, within thirty days from the date of receipt thereof, forward to the Authority for transmission to the Government as hereinafter provided, any representation which the Corporation may think fit to make with regard to the scheme. (3) The Authority shall also cause a copy of the said notification to be published in [ x x x ] the official Gazette and affixed in some conspicuous part of its own office, the Deputy Commissioner's Office, the office of the Corporation and in such other places as the Authority may consider necessary. (4) If no representation is received from the Corporation within the time specified in sub-section (2), the concurrence of the Corporation to the scheme shall be deemed to have been given. (5) During the th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t plans and estimates for the construction of the houses. (3) After considering the proposal submitted to it the Government may, by order, give sanction to the scheme". Section 19 requires declaration to be published giving particulars of the land to be acquired, upon sanction of the scheme by the Government. 18. The contentions urged by learned counsel for appellants based on Parts IX and IX-A of the Constitution can be summarised thus: (i) BDA Act is a legislation relatable to Article 243W and some of the matters listed in the Twelfth Schedule. Therefore BDA Act is deemed to be a law relating to Municipalities. Having regard to Article 243 ZF, any provision inconsistent with the provisions of Part IXA of the Constitution, law relating to municipalities ceased to be in force on the expiry of one year from 1.6.1993 - the date of commencement of the Constitution 74th Amendment Act, 1992. (ii) After the insertion of Part IXA of the Constitution, there cannot be any metropolitan area' other than what is declared by the Governor as a metropolitan area, as provided under Article 243P(c). Only an area having a population of 10 lakhs or more in one or more di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provision other than Part IXA; and it does not declare any provision of a statute to be inconsistent with it nor declare any statute to be invalid. The invalidity of a statute is declared by a court when it finds that a statute or its provision to be inconsistent with a constitutional provision. 20. The benefit of Article 243ZF is available only in regard to laws relating to municipalities'. The term municipality' has a specific meaning assigned to it under Part IX-A. Article 243P(c) defines the word as meaning an institution of self-government constituted under Article 243Q. Article 243Q refers specifically to three types of municipalities, that is, a Nagar Panchayat for a transitional area, a municipal council for a smaller urban area and a municipal corporation for a larger urban area. Thus, neither any city improvement trust nor any development authority is a municipality, referred to in Article 243ZF. Thus Article 243ZF has no relevance to test the validity of the BDA Act or any provision thereof. If BDA Act or any provision thereof is found to be inconsistent with the provisions of Part IXA, such inconsistent provision will be invalid even from 1.6.1993, and the bene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the municipalities, such powers and authority as may be necessary, by law. Such law made by the state legislature may contain provision for the devolution of powers and responsibilities upon municipalities, with respect to the following: (i) The preparation of plans for economic development and social justice; and (ii) The performance of functions and implementation of schemes as may be entrusted to them including those in relation to the following matters (earmarked in the twelfth schedule): 1. Urban planning including town planning. 2. Regulation of land-use and construction of buildings. 3. Planning for economic and social development. 4. Roads and bridges. 5. Water supply for domestic, industrial and commercial purposes. 6. Public health, sanitation conservancy and solid waste management. 7. Fire services. 8. Urban forestry, protection of the environment and promotion of ecological aspects. 9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded. 10. Slum improvement and upgradation. 11. Urban poverty alleviation. 12. Provision of urban amenities and facilities such as parks, garden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not a municipality. Therefore, it cannot be said that mere existence of Municipal Corporations Act, duly amended to bring it in conformity with Part IX-A of the Constitution, will nullify or render redundant, the BDA Act. 24. Article 243ZE no doubt provides that there shall be constituted in every metropolitan area, a Metropolitan Planning Committee to prepare a draft development plan for the metropolitan area as a whole. The metropolitan area is defined in clause (c) of Article 243P as an area having a population of 10 lakhs or more comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas specified by the Governor by a public notification to be a metropolitan area for the purpose of Part IXA. The Bangalore Development Authority is constituted inter alia to draw up a detailed scheme for the Bangalore Metropolitan Area. The Bangalore Metropolitan Area is defined in Section 2(c) of the BDA Act and the said definition need not necessarily be the same as or equivalent to any metropolitan area declared with reference to Bangalore under Article 243P(c) of the Constitution. It was submitted before the High Court that the Gove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etropolitan area, by a Metropolitan Planning Committee should not be confused with a development scheme to be drawn by a development authority like BDA for a metropolitan area. It should also be noticed that insofar as Bangalore is concerned, the Bangalore Metropolitan Area as defined in Section 2(c) of the BDA Act is the area comprising the City of Bangalore as defined in the City of Bangalore Municipal Corporation Act, 1949, the area where the city of Bangalore Improvement Act, 1945 was immediately before the commencement of the BDA Act in force, and such other areas adjacent to the aforesaid, as the Government may from time to time by notification specify. On the other hand, the Bangalore Metropolitan Area, referred to in Section 503-B of KMC Act is an area to be specified by the Governor by public notification under Article 243P(c) of the Constitution of India. In fact the Governor had not even specified the Bangalore Metropolitan Area for the purpose of KMC Act. Neither the Bangalore Metropolitan Area nor a Metropolitan Planning Committee is in existence under the KMC Act. In these circumstances, the contentions that the BDA Act, is no longer in force and that BDA has no juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imum of one woman, one person belonging to SC/ST, and one representing labour) One Architect. It would thus be seen that members of the BDA represent different interests and groups, technical persons and elected representatives. Further, no development scheme can be finalised or put into effect without the sanction of the State Government which in turn has to take note of any representation by the Bangalore Municipal Corporation in regard to the development scheme. Therefore, the mere fact that BDA is not wholly elected body as in the case of a municipal corporation will make no difference. The membership pattern is more suited to fulfil the requirements of a specialist agency executing development schemes. We therefore find no merit in the contention that provisions of BDA Act become inoperative, on Parts IX and IX-A of the Constitution coming into force. 28. The BDA Act empowers the Bangalore Development Authority to formulate schemes for the development of Bangalore Metropolitan Area. The word development' refers to building, engineering or other operations in regard to land, that is making layouts and making available plots for allotment to members of the public. It is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation dated 13.3.1984 under section 4A (1) of the Town Planning Act declaring that the area comprising 325 peripheral villages around Bangalore as indicated in Schedule I to be Local Planning Area for the environs of Bangalore and the limits of the said planning area shall be as indicated in Schedule II thereto. It may be mentioned that the areas added by this notification were beyond the core area (Bangalore City) and the first concentric circle area which were already notified as the Bangalore City planning area under the notification dated 1.11.1965. Schedule II to the notification dated 13.3.1984 gave the boundaries of the entire local planning area of Bangalore which included not only 325 villages which were added by the said notification but the original planning area described and declared in the notification dated 1.11.1965. The following note was added after the Schedule II to the notification dated 13.3.1984: "This excludes the Bangalore city local planning area declared (by) government notification No.PLN/42/MNP/65/SO/3446 dated 1.11.1965." 32. Thereafter, the Government of Karnataka issued a notification dated 6.4.1984 under section 4A (3) of the Town Planning Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no dispute that the boundaries indicated in Schedule II to the notification dated 13.3.1984 would include not only the villages enumerated in I Schedule to the notification dated 13.3.1984 but also the area that was declared as planning area under the notification dated 1.11.1965. This is because the areas declared under notification dated 1.11.1965 are the core area (Bangalore City) and the area surrounding the core area that is 218 villages forming the first concentric circle; and the area declared under the notification dated 13.3.1984 (325 villages) surrounding the area declared under the notification dated 1.11.1965 forms the second concentric circle. Therefore, the boundaries of the lands declared under the notification dated 13.3.1984, would also include the lands which are declared under the notification dated 1.11.1965 and therefore, the 16 villages which are the subject matter of the impugned acquisition, are part of the Bangalore Metropolitan Area. 35. The learned counsel for the Appellants contended that the note at the end of II Schedule to the notification dated 13.3.1984 excluded the Bangalore city planning area declared under the notification dated 1.11.1965. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would mean the outer centric circle of Bangalore which consists of only the peripheral villages would be the Bangalore Metropolitan Area and neither the Bangalore city nor the 218 villages immediately adjoining and surrounding the Bangalore city would form part of Bangalore Metropolitan Area. This, to say the least, is absurd and will be in direct violation of section 2(c) of BDA Act which states that Bangalore City and the areas surrounding it where City of Bangalore Improvement Act, 1945 was in force, will form part of Bangalore Metropolitan Area. 38. Let us view it from another angle. Bangalore City forms the central core area or the innermost circle. The adjoining 218 villages enumerated in the notification dated 1.11.1965 surrounding Bangalore City form the first concentric circle. The peripheral villages described in Schedule I to the notification dated 13.3.1984 form the second concentric circle which surrounds the central core area and the areas within the first concentric circle. To interpret Bangalore Metropolitan Area as referring only to the peripheral villages and not the core city area and its adjoining villages would be like saying the outer skin of a fruit is the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Statute to create a casus omissus when there is really none. In Padma Sunder Rao v. State of Tamil Nadu 2002 (3) SCC 533, a Constitution Bench of the this Court held: "..... a casus omissus cannot be supplied by the court by judicial interpretative process, except in the case of clear necessity and when reason for it is found in the four corners of the statute itself, but at the same time a casus omissus should not be readily inferred and for that purpose all the parts of a Statute or section must be construed together and every clause of a section should be construed with reference to the context and other clauses thereof so that the construction to be put on a particular provision makes a consistent enactment of the whole Statute." 40. Let us now refer to the wording and the ambiguity in the notification. Section 2(c) of BDA Act makes it clear that the city of Bangalore as defined in the Municipal Corporation Act is part of Bangalore Metropolitan Area. It also makes it clear that the areas where the city of Bangalore Improvement Act, 1945 was in force, is also part of Bangalore Metropolitan Area. It contemplates other areas adjacent to the aforesaid areas being specified as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e additional areas adjoining to the areas which were already enumerated. Therefore, the proper way of reading the notification dated 1.3.1988 is to read it as specifying 325 villages which are described in the First Schedule to the notification dated 13.3.1984 to be added to the existing metropolitan area and clarifying that the entire areas within the boundaries of Second Schedule to the notification dated 13.3.1984 would constitute the Bangalore Metropolitan Area. There is no dispute that the boundaries indicated in the notification dated 13.3.1984 would clearly include the 16 villages which are the subject mater of the acquisition. 41. We therefore, reject the contention of the appellant that Bangalore Development Authority does not have territorial jurisdiction to form any development scheme in regard to the 16 villages which are the subject matter of the final declaration dated 23.2.2004. Question (iv) - Re: Invalidity of final declaration with reference to time limit in section 6 of Land Acquisition Act. 42. This question arises from the contention raised by one of the appellants that the provisions of section 6 of the Land Acquisition Act, 1894 (LA Act" for short) will ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to preliminary notification and final declaration. In fact the procedure up to final declaration under BDA Act is different from the procedure under the LA Act relating to acquisition proceedings up to the stage of final notification. Therefore, having regard to the Scheme for acquisition under sections 15 to 19 of BDA Act and the limited application of LA Act in terms of section 36 of BDA Act, the provisions of Sections 4 to 6 of LA Act will not apply to the acquisitions under BDA Act. If section 6 of LA Act is not made applicable, the question of amendment to section 6 of LA Act providing a time limit for issue of final declaration, will also not apply. 44. Learned counsel for the BDA submitted that the issue is no longer res integra. He submitted that in Munithimmaiah vs. State of Karnataka - 2002 (4) SCC 326, this Court held that the BDA Act is a special and self-contained code; that BDA and LA Act cannot be said to be either supplemental to each other, or pari materia legislations; that BDA Act could not be said to be either wholly unworkable and ineffectual if the subsequent amendments to the LA Act are not imported into BDA Act; and that the amendments to LA Act subsequen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of LA Act, in entirety and BDA Act does not provide for or empower BDA to make acquisitions. Section 15 enables the authorities to draw-up development schemes or additional development schemes for development of Bangalore Metropolitan Area. Section 15 does not confer any power to acquire land. Section 16 only specifies the particulars to be provided for in the development schemes and does not empower BDA to acquire land. The reference to acquisition in clause (1)(a) of section 16 is not to empower acquisition, but merely to provide that every development scheme shall, within the limits of the area comprised in the scheme provide for acquisition of any land which will be necessary for or affected by the execution of the scheme. Section 16(1)(a) therefore refers to only identifying the lands to be acquired and does not authorise acquisition. Section 17 contains the procedure to be followed when the development scheme has been prepared. Section 18 refers to the need for the BDA to submit the scheme to the Government for its sanction, and grant of sanction by the Government. Neither section 17 nor section 18 authorise the BDA to acquire land. Section 19 requires a declaration to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. Sub-section (1) of section 19 requires the Government to publish a declaration upon sanctioning the scheme, declaring that such a sanction has been given and declaring that the "lands proposed to be acquired by the authority" are required for public purpose. Sub-section (3) of section 19 makes it clear that the declaration published under section 19(1) should be conclusive evidence that the land is needed for a public purpose and that the Authority shall, upon publication of such declaration, proceed to execute the same. Thus, it is clear that the acquisition by the Authority for the purposes of the development scheme is initiated and proceeded with under the provisions of the BDA Act. Section 36 of BDA Act provides that the "acquisition of land under this Act", shall be regulated by the provisions, so far as they are applicable of the LA Act. In view of the categorical reference in section 36 of the BDA Act, to acquisitions under that Act, there cannot be any doubt that the acquisitions for BDA is not under the LA Act, but under the BDA Act itself. It is also clear from section 36 that LA Act, in its entirety, is not applicable to the acquisition under the BDA Act, but only s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e question of repugnancy arises only when both the legislatures are competent to legislate in the same field, that is, when both the Union and State laws relate to a subject in List III. Article 254 has no application except where the two laws relate to subjects in List III [See: M/s. Hoechst Pharmaceuticals vs. State of Bihar - 1983 (4) SCC 45]. But if the law made by the State Legislature, covered by an Entry in the State List, incidentally touches upon any of the matters in the Concurrent List, it is well-settled that it will not be considered to be repugnant to an existing Central law with respect to such a matter enumerated in the Concurrent List. In such cases of overlapping between mutually exclusive lists, the doctrine of pith and substance would apply. Article 254(1) will have no application if the State law in pith and substance relates to a matter in List II, even if it may incidentally trench upon some item in List III. (See Hoechst (supra), Megh Raj v. Allah Rakhia AIR 1947 PC 72, Lakhi Narayan v. Province of Bihar AIR 1950 FC 59). Where the law covered by an Entry in the State List made by the State Legislature contains a provision which directly and substantially rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be made to the Collector and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in that behalf or by a pleader and shall after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make report/s in respect of the land which has been notified under section 4(1) to the appropriate Government, containing the recommendations on the objections, together with the record of the proceedings held by him for the decision of the Government, and the decision of the appropriate Government on the objection shall be final. We have already held that section 5A is inapplicable to acquisitions under the BDA Act. The scheme of BDA Act also contemplates consideration of objections but does not require any personal hearing or inquiry. Sub-section (5) of section 17 of the BDA Act requires that during the thirty days next following the date on which the preliminary notification under section 17(1) and (3) is published, the authorities shall serve a notice on every person whose name appears in the assessment list/land revenue register, requiring such person to show-cause within thirty days fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er III of BDA Act relates to development schemes. Section 15 provides that authority may draw up a detailed scheme for the development of the Bangalore Metropolitan Area. It also provides that the Authority can also from time to time make and take up new or additional development schemes either on its own initiative or on the recommendation of the local authority or otherwise. Section 16 provides that the development scheme under section 15 shall, within the limits of the area comprised in the scheme, provide for acquisition of land which will be necessary for execution of the scheme, laying and re-laying out of land (including construction or reconstruction of buildings) and formation and alteration of streets, drainage, water supply, electricity, and reservation of space for public parks and playgrounds and civic amenities. When the development scheme is prepared the authority is required to draw up a notification as stated in Section 17(1). The said notification has to be published in the Official Gazette, and a copy thereof sent to the Bangalore City Corporation for its comments. Notices have to be served on the land holders to show cause why the land should not be acquired. Af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the preliminary notification dated 3.2.2003 under section 17(1) was published by the Commissioner, BDA, proposing to acquire the lands shown in the Schedule to the notification. The preliminary notification also contained an abstract of the extents of lands proposed to be acquired for formation of Arkavathi layout. It is stated that the proposal contemplated of utilisation of about 500 acres of government land also which did not require acquisition and consequently, the total extent was shown as 3389A.12G in the abstract. A corrigendum was issued showing the extent as 3889A.12G. A copy of the notification was forwarded to the Bangalore City Corporation and notices were also issued to the persons registered as the owners of the lands proposed to be acquired requiring them to show cause why such acquisition should not be made. After consideration of the representations the authority modified the scheme by deleting 1089.12 acres and submitted the modified scheme for acquisition of 2750 acres in 16 villages to the Government for its sanction. The Government sanctioned the scheme for formation of Arkavathi layout vide Government Order No. UDD 193 MNX 204 dated 21.2.2004. Thereafter a f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 of BDA Act. (b) Non-furnishing of material particulars to the Government for purpose of sanction. 57. The appellants submitted that for obtaining sanction the BDA had to submit the scheme, after making such modifications as it may think fit, to the Government for sanction, furnishing (a) a description with full particulars of the scheme including the reasons for any modifications inserted therein; (b) complete plans and estimates of the cost of executing the scheme; (c) a statement specifying the land proposed to be acquired; (d) any representation received under section 17(2) of the BDA Act from the Bangalore City Corporation; (e) a schedule showing the rateable value, as entered in the Municipal assessment Book relating to the land under section 17 or the land assessment of all lands specified in the statement under clause (c); and (f) any other particulars as may be prescribed. 58. The Commissioner, addressed a letter dated 13.2.2004 to the Principal Secretary to Government, Urban Development Department, seeking sanction. The said letter referred to the preliminary notification, the subsequent consideration of representations/objections and the resolution dated 3.2.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s being referred to in the Proposal of the Bangalore Development Authority, is Rs. 933.47 crores. The approval has been given under Section 18(3) of the Bangalore Development Authority Act, 1976 subject to the following conditions: 1. The Bangalore Development Authority shall bear all the expenses to be incurred for the implementation of the scheme from its own resources and shall not expect any financial assistance from the Government for the same. 2. For the implementation of the said scheme, the Government shall not be the guarantor for any of the loans that may be taken by the BDA. It shall be the sole responsibility of the BDA to repay the said loan amount. 3. The Government shall to be party to any transactions that the BDA may enter into with respect to the proposed scheme. 4. With respect to the proposed scheme if the land has to be converted for using it, it shall be mandatory to get pre-approval from the Government". The zonal regulation shall be strictly followed and the requisitions shall be complied with." 59. The appellants contended that the fact that the non-furnishing of the said information/documents showed that the scheme was not finalised or complete ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iness Rules, 1977, the sanction for the scheme under Section 18(3) could validity be given only by a decision of the Cabinet; and that in these cases, the decision of the Government was based on the order of the Chief Minister and not the Cabinet, and therefore, sanction was not a valid sanction in law. As noticed above, the BDA sent the scheme approved by the authority for the sanction of the Government by writing a letter to the Principal Secretary to the Government Urban Development Department on 13.2.2004. By the time the communication reached the Government, there was a demand for dissolution of the House on 16.2.2004 and the House was dissolved on 21.2.2004. In the meanwhile, certain clarifications were sought on 17.2.2004 which were furnished on the same day. The file was processed and the matter was placed before the Chief Minister who had the dual capacity of Chief Minister and the Minister-in-charge of Bangalore Development Authority. The Chief Minister approved the proposal on 20.2.2004. The noting placed by the concerned Ministry and the order of the Chief Minister thereon are extracted below: "(10) The above receipt is kept at page no.11. Kindly pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Business) Rules 1977. Rule 12 provides that there shall be a Committee of the Council of Ministers to be called the Cabinet and all matters referred to in the First Schedule to the Rules shall ordinarily be considered at a meeting of the Cabinet. Rule 20 provides that cases specified in the First Schedule to the Rules shall be brought before the Cabinet after submission to the Minister-in-charge of the Department; and cases other than those specified in the First Schedule should be brought before the Cabinet by the direction of the Chief Minister, or the Minister-in-Charge of the Department with the consent of the Chief Minister. Rule 21 provides that subject to provisions of Rule 20 all cases specified in the First Schedule to the Rules shall be brought before the Cabinet. Entry 36 of the First Schedule relates to "all self-financing schemes of local bodies including the Urban Development Authorities, the Karnataka Housing Board and such other statutory bodies". In this case the matter (relating to sanction under section 18(3) of BDA Act) was placed before the Chief Minister who also happened to be the Minister-in-Charge on 20.2.2004. He granted the approval subject to rati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osing acquisition was 3339 acres 12 guntas, and the area deleted/withdrawn from the said area notified in the preliminary notification on examining the representations was 589 acres 12 guntas and therefore the final declaration for acquisition was for 2750 acres. This was the scheme that was placed for approval before the state government. The state government also in the sanction order dated 21.2.2004 granted sanction for acquisition of 275 acres after noting that 589 acres 12 guntas was excluded from the proposed extent of 3339 acres 12 guntas, after considering the representations received in pursuance of notices issued under Section 17(5) of BDA Act. But when the cases came up before the High Court and this court, the categorical case of BDA is that the total area notified under section 17(1) and (3) of the BDA Act, was 3839 acres 12 guntas and that the area deleted/excluded was 1089 acres 12 guntas. How the preliminary notification extent area increased by 500 acres and how the area deleted also increased exactly by 500 acres is not properly explained and is virtually a mystery. Different explanations have been given at different points of time. 65. On behalf of BDA, an affid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cle 14 of the Constitution. He further held that the BDA had failed to furnish any plan showing the details of the lands proposed for acquisition, lands deleted from acquisition, built up areas and the lands originally not included in the acquisition, even though they were in the midst of the acquired lands. The learned Single Judge also noticed that in regard to the deletion of 500 acres, no reasons have been assigned. 68. The Division Bench agreed with the single Judge that there were improper inclusions and exclusions amounting to discrimination. The Division Bench was of the view that though the single Judge was justified in holding that there was discrimination in acquiring the land, that alone cannot be a ground for quashing the entire acquisition of 2750 acres. The Division Bench also noticed that the BDA had not traversed the allegations regarding discrimination specifically and even a bare perusal of the map showed that 2750 acres sought to be acquired, did not form a contiguous area. In particular he referred to the haphazard manner in which the acquisition of deletions were made in Kempapura and Srirampura villages. The Division Bench noticed that even in other villages ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 04 225.18 154.22 2. Byrathikhare 86.07 77.25 8.22 3. Chellakere 155.03 135.14 19.29 4. Geddalahalli 210.22 133.24 76.38 5. K. Narayanpura 195.13 133.05 62.08 6. Rachenahalli 396.29 298.03 98.26 7. Thanisandra 557.04 482.07 74.37 8. Amruthahalli 196.11 139.01 56.10 9. Jakkur 422.28 360.24 62.04 10. Kempapura 55.13 26.38 28.15 11. Sampigehalli 401.39 256.20 145.21 12 Sriramapura 196.35 94.13 102.22 13. Venkateshpura 95.65 60.13 34.28 14 . Hennur 262.22 140.21 122.01 15. Hebbala 59.01 59.14 16. Nagavara 169.16 127.00 42.16 Total 3839 A.12G. 2750 A. 1089 A. 12 G. 72. The acquisition was for planned development of the city and to avoid haphazard growth. But when the layout plan is examined with reference to the preliminary notification and final declaration, several startling facts emerge. We may first refer to the pick and choose method adopted with reference to Kempapura and Sriramapura villages, to which the division bench made specific reference. (i) In Kempapura village, large areas, that is nearly 50% of the area of the village (Sy. No.2, 4 to 16, 23, 24, 30, 31) had no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) In Nagavara and Hennuru villages, the southern portions of the villages were not notified for acquisition. But deletions are haphazard and have left some small pockets of acquired lands. For example, in Nagavara, Sy. No.107 measuring 1A.4G, portion of Sy. No. 7 measuring 21 Guntas, Sy. No.70 measuring 25 Guntas, Sy. No.152 measuring 6A.4G bifurcated by a road form islands of acquired lands. In the entire southern part of Nagavara which runs into hundreds of acres, only part of Sy. No.152 is proposed to be acquired. In Hennuru Sy. No.103 is a small pocket (28 Guntas) which is acquired, is surrounded by lands not acquired/deleted. There are several other islands in Hennuru which are not capable of being developed due to their small extents. Their Survey Numbers are not clear in the map produced. (iii) In Challakere also we find haphazard deletions. We may refer to two stand alone pockets, that is land to the east of Sy. No.104 and the land to the east of 100. What we have referred above is illustrative and not exhaustive. Similar pockets of small extents of acquired lands surrounded by lands which are not acquired/deleted, exist in other villages also. 74. The object o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2 to 5 acres, have playgrounds of 5 to 10 acres. Instead of such an integrated large layout, if 200 small individual layouts are made in areas ranging from 2 to 10 acres, there will obviously be no provision for a park or a playground nor any space for civil amenities. Further small private colonies/layouts will not have well aligned uniform roads and accesses. While it is true that Municipal and Town Planning authorities can by strict monitoring and licensing procedures arrest haphazard development, it is seldom done. That is why formation of small layouts by developers is discouraged and development authorities take up large scale developments. If 200 acres of land on the outskirts of a city, has to be developed, and if 30 to 50 private developers proceed to develop areas ranging from 2 to 15 acres, it will be impossible for them to provide for parks or any playgrounds of reasonable size or make provision for planned civil amenities. Further, there will be no alignment in regard to roads. Each layout will have roads to suit their own convenience and this will lead to mis-alignment and bottlenecks leading to traffic snarls. The width of the roads also will differ from layout t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g planned, the development authorities should exercise care and caution in deleting large number of pockets/chunks of land in the middle of the proposed layout. There is no point in proposing a planned layout but then deleting various portions of land in the middle merely on the ground that there is a small structure of 100 sq.ft or 200 sq.ft. which may be authorized or unauthorized. Such deletions make a mockery of development. Further such deletions/exclusions encourage corruption and favouritism and bring discontent among those who are not favourably treated. 76. The complaint by appellants is that in the proposed Arkavathi layout, rich and powerful with "connections" and "money power" were able to get their lands, (even vacant lands) released, by showing some imaginary structure or by putting up some unauthorised structure overnight. Though we do not propose to go into motives, the concurrent finding by the learned Single Judge and Division Bench is that there are arbitrary unexplained deletions. While we may not comment on policy, it is obvious that deletion from proposed acquisition should be only in regard to areas which are already well developed in a planned manner. Spora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uous area and acquisition of small extents of land surrounded by large chunks of un-acquired lands and lands which have been omitted from acquisition would make the development of acquired pockets exceedingly difficult. 79. The Division Bench was of the view that quashing of the entire acquisition may not the remedy. It, therefore, decided to salvage the situation by issuing a series of directions, whereby the land owners were permitted to apply for deletion of their lands also from acquisition on the ground that (a) the lands were situated within green belt area; (b) the lands were totally built up; (c) the lands had buildings constructed by charitable, educational and/or religious institutions; (d) the lands were used for nurseries; (e) lands where running factories had been set up; and (f) lands were similar to the adjoining lands which were not notified for acquisition. The Court directed that if the BDA comes to the conclusion that the lands of applicants were released are similar to those which have been excluded from acquisition their lands should also be deleted from acquisition. This direction requires clarification. 80. The principles relating to grant of relief in case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more appropriate and convenient to examine the entitlement of the petitioner before the court to the relief asked for in the facts and circumstances of his case than to enquire into the correctness of the order made or action taken in another person's case, which other person is not before the case nor is his case. In our considered opinion, such a course - barring exceptional situations - would neither be advisable nor desirable. In other words, the High Court cannot ignore the law and the well-accepted norms governing the writ jurisdiction and say that because in one case a particular order has been passed or a particular action has been taken, the same must be repeated irrespective of the fact whether such an order or action is contrary to law or otherwise. Each case must be decided on its own merits, factual and legal, in accordance with relevant legal principles". In Gurshanan Singh and Ors. v. New Delhi Municipal Committee and Ors. 1996 (2) SCC 459 this court held: "There appears to be some confusion in respect of the scope of Article 14 of the Constitution which guarantees equality before law to all citizens. This guarantee of equality before law is a positive concept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... milar to what others have been granted. All that he is interested is getting relief for himself, as others. He is not interested in getting the relief illegally granted to others, quashed. Nor is he interested in knowing whether others were granted relief legally or about the distinction between positive equality and negative equality. In fact he will be reluctant to approach courts for quashing the relief granted to others on the ground that it is illegal, as he does not want to incur the wrath of those who have benefited from the wrong action. As a result, in most cases those who benefit by the illegal grants/actions by authorities, get away with the benefit, while others who are not fortunate to have connections' or money power' suffer. But these are not the grounds for courts to enforce negative equality and perpetuate the illegality. The fact that an Authority has extended favours illegally in the case of several persons cannot be a ground for courts to issue a mandamus directing repetition thereof, by applying the principle of equality. Article 14 guarantees equality before law and not equality in subverting law nor equality in securing illegal benefits. But courts ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce and the other was constructed after the preliminary notification unauthorisedly, the owner of the land with the unauthorised structure cannot obviously claim parity with the owner of the land with the authorised structure, for seeking deletion from acquisition. (iii) Where the vacant lands of A' and B' - two neighbours are acquired. The Authority had a policy to delete properties with constructions, as on the date of preliminary notification. Both put up unauthorised structures clandestinely overnight, after the preliminary notification. The land of B' is deleted from acquisition on the ground that it has a construction. If A' approaches court and claims release of his land claiming parity with B', the claim will have to be rejected. But, where the Authority admits that B's land was deleted even though the construction was subsequent to preliminary notification, the court may direct the Authority to take appropriate action in accordance with law for cancelling the deletion. (iv) If in a village all the lands are notified and subsequently all lands except two or three small pockets are deleted without any valid ground, the persons whose la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt degrees of importance/priority/urgency. An acquisition for laying a road or a water supply canal may be of higher priority category when compared to acquisitions for formation of an urban residential layout. Planned urban development by forming residential layouts, is carried out not only by statutory development authorities, but also by private developers/colonisers. The reason why legislature has created Development Authorities for executing development schemes, is because they can undertake large scale developments providing better quality facilities with no profit motives. But in trying to achieve planned development and thereby benefit the urban middle class or urban poor by providing them housing plots, the interests of agriculturists/land owners who lose their livelihood on account of such acquisition, should not be ignored. Though the legislature intended that the land-loser should get reasonable compensation at the time of dispossession or immediately thereafter, it seldom happens in practice. This court had occasion to refer to the travails of land-losers in getting the compensation in Special Land Acquisition Officer v. Mahaboob [2009 (3) SCALE 263] thus: "The Colle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncreased amount is deposited in 1997-1998. The land-loser is constrained to file a further appeal to the High Court and the High Court takes another three to four years and increases the compensation to Rs. 1.5 lakh per acre in the year 2000 and such increase is deposited in the year 2001-02. That is, the loser is forced to fight at least in two courts to get the compensation commensurate with the market value of Rs. 1.5 lakhs per acre. To add to his woes, when the reference court or the High Court increases the compensation, the Government does not pay the increased amount immediately and drives him to execution proceedings also. This means that the land owner gets compensation piecemeal, that is, Rs. 50,000/- per acre in 1993, another Rs. 50,000/- per acre in 1997-98, and another Rs. 50,000/- per acre in 2001-02. At every stage he has to incur expenses for litigation. As he does not get the full compensation in one lump sum, he is not in a position to purchase an alternative land. When the land is acquired, he loses his means of livelihood, as he knows no other type of work. The result is, he is forced to spend the compensation received in piecemeal, on sustenance of his family w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquisitions can be conveniently divided into three broad categories: (i) Acquisitions for the benefit of the general public or in national interest. This will include acquisitions for roads, bridges, water supply projects, power projects, defence establishments, residential colonies for rehabilitation of victims of natural calamities. (ii) Acquisitions for economic development and industrial growth. This will include acquisitions for Industrial Layouts/Zones, corporations owned or controlled by the State, expansion of existing industries, and setting up Special Economic Zones. (iii) Acquisitions for planned development of urban areas. This will include acquisitions for formation of residential layouts and construction of apartment Blocks, for allotment to urban middle class and urban poor, rural poor etc. 86. In acquisitions falling under the first category, the general public are the direct beneficiaries. In the second category, the beneficiaries are industrial or business houses, though ultimately, there will be indirect benefit to the public by way of generation of employment and overall economic development. In the third category, the beneficiaries ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gotiated settlement, the state should act as a benevolent trustee and safeguard their interests. The Land Acquisition Collectors should also become Grievance Settlement Authorities. The various alternatives including providing employment, providing equity participation, providing annuity benefits ensuring a regular income for life, providing rehabilitation in the form of housing or new businesses, should be considered and whichever is found feasible or suitable, should be made an integral process of the scheme of such acquisitions. If the government or Development Authorities act merely as facilitators for industrial or business houses, mining companies and developers or colonisers, to acquire large extent of land ignoring the legitimate rights of land-owners, it leads to resistance, resentment and hostility towards acquisition process. 87.3) Where the acquisition is of the third kind, that is, for urban development (either by formation of housing colonies by Development Authorities or by making bulk allotment to colonisers, developers or housing societies), there is no scope for providing benefits like employment or a share in the equity. But the landlosers can be given a share i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t reasonable costs in well formed layouts, but to provide work to their employees and generate funds for payment of salaries. Any development scheme should be to benefit the society and improve the city, and not to benefit the development authority. Be that as it may. 89. When BDA prepares a development Scheme it is required to conduct an initial survey about the availability and suitability of the lands to be acquired. While acquiring 16 villages at a stretch, if in respect of any of the villages, about 30% area of the village is not included in the notification under section 4(1) though available for acquisition, and out of the remaining 70% area which is notified, more than half (that is about 40% of the village area) is deleted when final notification is issued, and the acquisition is only of 30% area which is non-contiguous, it means that there was no proper survey or application of mind when formulating the development scheme or that the deletions were for extraneous or arbitrary reasons. Inclusion of the land of a person in an acquisition notification, is a traumatic experience for the landowner, particularly if he was eking out his livelihood from that land. If large areas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be in conflict with the BDA (Allotment of sites) Rules, as they are intended to save the acquisitions. If the acquisitions are to be quashed in entirety by accepting the challenges to the acquisition on the ground of arbitrary deletions and exclusions, there may be no development scheme at all, thereby putting BDA to enormous loss. The directions of the High Court and this Court are warranted by the peculiar facts of the case and are not intended to be general directions applicable to regular acquisitions in accordance with law, without any irregularities. Conclusion 91. In view of the foregoing, we affirm the directions of the Division Bench subject to the following further directions and clarifications: (i) In regard to the acquisition of lands in Kempapura and Srirampura, BDA is directed to re-consider the objections to the acquisitions having regard to the fact that large areas were not initially notified for acquisition, and more than 50% of whatever that was proposed for acquisition was also subsequently deleted from acquisition. BDA has to consider whether in view of deletions to a large extent, whether development with respect to the balance of the acquired lands ..... X X X X Extracts X X X X X X X X Extracts X X X X
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