BANGALORE DEVELOPMENT AUTHORITY & ANR. versus STATE OF KARNATAKA & ORS.

BANGALORE DEVELOPMENT AUTHORITY & ANR. versus STATE OF KARNATAKA & ORS.

The BDA Act incorporates applicable provisions of the Land Acquisition Act, 1894 by way of legislation by incorporation under Section 36; therefore the repeal of the LA Act by the 2013 Act does not make the 2013 Act applicable to acquisitions made under the BDA Act, and the Single Judge's conclusion that the 2013 Act regulated these acquisitions is overruled.

Parties
Appellant: Bangalore Development Authority & Anr.; Respondent: State of Karnataka & Ors.
Jurisdiction
India
Judgment Date
20 January 2022
Procedural Posture
Civil Appeal / Miscellaneous Application (i.a. No.147134/2021) in Appeals Arising From Civil Appeal Nos.7661 7663/2018
Outcome
Application disposed of; Single Judge's decision in Sri Sudhakar Hegde and connected matters overruled to the extent it held the 2013 Act applicable to acquisitions under the BDA Act.
Legal Topics
Bangalore Development Authority Act, 1976, Land Acquisition Act, 1894, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Legislation by Incorporation, Applicability of Repeal
Legislation Land Acquisition Statutory Interpretation Administrative Law Bangalore Development Authority Act, 1976 Land Acquisition Act, 1894 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Legislation by Incorporation +1 more

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Parties

Bangalore Development Authority & Anr.

Appellant

State of Karnataka & Ors.

Respondent

Procedural Posture

Civil Appeal / Miscellaneous Application (i.a. No.147134/2021) in Appeals Arising From Civil Appeal Nos.7661 7663/2018

Legal Issues

  1. 1 Whether provisions of the Land Acquisition Act, 1894 as applied by Section 36 of the BDA Act operate as incorporation/legislation by incorporation and thus continue to apply despite repeal of the LA Act by the 2013 Act
  2. 2 Whether the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies to acquisitions made under the Bangalore Development Authority Act, 1976 (BDA Act)
  3. 3 Whether the High Court was correct in holding that provisions of the 2013 Act regulate acquisition proceedings under the BDA Act

Ratio Decidendi

The BDA Act incorporates applicable provisions of the Land Acquisition Act, 1894 by way of legislation by incorporation under Section 36; therefore the repeal of the LA Act by the 2013 Act does not make the 2013 Act applicable to acquisitions made under the BDA Act, and the Single Judge's conclusion that the 2013 Act regulated these acquisitions is overruled.

Court Disposition

Application disposed of; Single Judge's decision in Sri Sudhakar Hegde and connected matters overruled to the extent it held the 2013 Act applicable to acquisitions under the BDA Act.

Orders

  • I.A. No.147134 of 2021 disposed of.
  • Judgment of the learned Single Judge in Sri Sudhakar Hegde (W.P. No.4550 of 2008 and connected matters) and connected matters is overruled insofar as it held that the 2013 Act applied to acquisitions under the BDA Act.