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TMI Blog2006 (10) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... demolishing any structure situate thereon. The case of the plaintiff in brief is as follows. The plaintiff purchased the property in dispute bearing No. 46, situated in Banasawadi village, K.R. Pura Hobli, Bangalore South Taluk from S. Narayana Gowda by means of a registered sale deed dated 17.6.1985. The erstwhile owners of the property had obtained conversion certificate from the Tehsildar and the property is situated in a lay out which is properly approved by obtaining conversion for non- agricultural use from the competent authority. The plaintiff applied for mutation entries and the same was granted in his favour. The property in dispute was not covered by any acquisition proceedings as neither notice of acquisition had been received nor any award regarding the said property had been passed. The defendant had no right, title or interest over the property but it was trying to dispossess the plaintiff from the same on the ground of alleged acquisition. The plaintiff issued a notice to the defendant on 11.7.1989 calling upon it not to interfere with his possession and enjoyment of the property in dispute but no reply had been received. It was pleaded that the cause of action to f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intiffs did not apply for amendment within one month the trial court shall dismiss the suit. However, if the plaintiffs applied for amendment of the plaint, the defendant in each suit shall be given opportunity of filing further written statement and thereafter the suit shall be disposed of in accordance with law. 6. After remand of the suit to the trial court the plaintiffs applied for amendment of the plaint. In the amendment application it was pleaded that the plaintiffs were owner in possession of the property but they were dispossessed on 22.6.1988. It was also pleaded that the defendant had dispossessed the plaintiffs from the plaint scheduled property without taking proceedings for acquisition of the land and as such their dispossession was wholly illegal. The relief clause was also amended and it was prayed that it may be declared that the plaintiffs are owner of the property and a decree for possession be passed in their favour directing the defendant to deliver back the possession of the plaint scheduled property to them. The amendment application was filed on 31.8.2000. The defendant Bangalore Development Authority filed an amended written statement and the principal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me has been prepared, the authority shall draw up a notification stating 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 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, the authority shall not, without the previous sanction of the Government, proceed to execute the scheme as altered. (6) If the scheme as altered involves the acquisition otherwise than by agreement, of any land other than that specified in the scheduled referred to in clause (e) of sub- section (1) of Section 18, the provisions of Sections 17 and 18 and of sub-section (1) of this section shall apply to the part of the scheme so altered in the same manner as if such altered part were the scheme. 10. The provisions of Sections 17 and 19 are somewhat similar to the provisions of Sections 4 and 6 of the Land Acquisition Act. Sub- section (5) of Section 17 of the Act mandates that after the publication of the notification in the Official Gazette the authority shall, during the period of next thirty days, serve a notice on every person whose name appears in the assessment list of the Local Authority or in the land revenue register as being primarily liable to pay the property tax or land revenue assessment of any building or land which is proposed to be acquired in executing the scheme or in regard to which the authority proposes to recover betterment tax. The person on whom the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ined to comply with statutory requirements contained in Section 4 and Section 6 of the Act by proper publication of notification and declaration within limitation and procedural steps of publication in papers and the local publication envisaged under the Act as amended by Act 68 of 1984. In publication of the notifications and declaration under Section 6, the public purpose gets crystallized and becomes conclusive. Thereafter, the State is entitled to authorize the Land Acquisition Officer to proceed with the acquisition of the land and to make the award. Section 11A now prescribes limitation to make the award within 2 years from the last date of publication envisaged under Section 6 of the Act. In an appropriate case, where the Govt. needs possession of the land urgently, it would exercise the power under Section 17(4) of the Act and dispense with the enquiry under Section 5-A. Thereon, the State is entitled to issue notice to the parties under Section 9 and on expiry of 15 days, the State is entitled to take immediate possession even before the award could be made. Otherwise, it would take possession after the award under Section 12. Thus, it could be seen that the Act is a compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir plenary power under Articles 226 and 136 respectively with self-imposed restriction on their exercise of extraordinary power. Barring thereof, there is no power to the Civil Court. 13. It may be pointed out that the trial court dismissed the suit relying upon the decision of this Court in Laxmi Chand vs. Gram Panchayat, Kararia (supra). The High Court distinguished the aforesaid decision by observing as under: - The ratio would be applicable when only the person aggrieved is covered by the notification directly or as nominee. However, when a person is not covered by the notification and without reference to him any notification issued would not be binding and in a such situation it would not prevent the aggrieved person from approaching the civil court. It is a salutary principle that the decree rendered in a civil proceedings binds the parties to the proceedings and the persons claiming through them. This principle would equally apply to the proceedings under the Land Acquisition Act. 14. In our opinion the view taken by the High Court is wholly erroneous. It is not the case of the plaintiffs that the plaint scheduled property is not covered by the notification iss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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