BANGALORE DEVELOPMENT AUTHORITY Vs. P ANJANAPPA

JUDGEMENT

(1.) PETITIONERS in Review Petition No. 752/2001 claim that they are allottees of sites in RMV II Stage, (Gokul II Stage) carved out of lands in Sy. Nos. 25 and 28 of Bhoopasandra Village, Bangalore north Taluk, Bangalore by the Bangalore Development Authority by their letters of allotment made on 12. 9. 2000. They claim that they are aggrieved by the orders passed by this Court in MFA No. 5069/ 2000 dated 24. 1. 2001 in confirming the order of temporary injunction dated 23. 10. 2000 passed by the Court of the XVI Addl. City. Civil judge, Bangalore on I. A. No. II in O. S. No. 5061/2000. In this Review petition filed under Order 47 Rule 1 Code of Civil Procedure they are requesting this Court to review the aforesaid order and further allow the prayers made in MFA no. 5069/2000 by setting aside the order of temporary injunction passed by the Trial Court.

(2.) THESE petitioners were not parties in MFA No. 5069/2000. Therefore they have filed I. A. No. 1 seeking permission of this Court to file and prosecute this review petition and they have also filed i. A. II to condone the delay, if any, in filing the review petition. Since the prayers made in these applications are not opposed by the otherside, this Court by its order dated 11. 12. 2001 had granted the prayers made in the application and thereby permitted these petitioners to file and prosecute the review petition, though they were not parties in MFA No. 5069/2000 and also had condoned the delay in filing the review petition.

(3.) THE source of knowledge of the orders passed by this Court in MFA No. 5069/2000, petitioners trace it to the orders passed by this Court in W. P. No. 13806/2001 and 14376/2001 disposed off on 4. 7. 2001. In the review petition they have stated, that after they were issued with letters of allotment of sites by BDA on 12. 9. 2000 carved out of lands in Sy. Nos. 25 and 28 of Bhoopasandra village, the State Government in exercise of its powers under Section 48 (1)of the Land Acquisition Act, 1894 had issued notification dated 9. 2. 2001, withdrawing from acquisition of the lands in Sy. No. 25 of bhoopasandra village, although possession of the said land had been handed over to BDA long back and layout had already been formed by BDA and sites allotted to the members of the public like petitioners herein. Disturbed by this new development, some of the petitioners herein, had questioned the legality or otherwise of the said notification before this Court by filing W. P. Nos. 11761-11765/ 2000 and W. P. No. 11912-11919/2001. It is averred that this Court while entertaining the petitions, by its interim order dated 23. 3. 2001 had granted an interim order of stay, staying the operation of the impugned notification.