MOHAN M.SHANTANAGOUDAR, J. - (1.) Leave granted. The judgment dated 19.04.2011 passed by the High Court of Karnataka at Bangalore in writ appeal no. 1575 of 2007 (LA-BDA) is called into question in this appeal. By the impugned judgment, the Division Bench though did not interfere with the Judgment passed by the learned Single Judge in writ petition no. 49357 of 2004 dated 15.03.2007, disposed of the Writ Appeal observing that respondent no. 4 herein (appellant before the Division Bench) should work out its remedy in the suit in accordance with law and if a suit is filed, the said suit shall be considered without being influenced by the observations made in the course of the Judgment passed by the learned Single Judge. Thus, the Division Bench virtually relegated the parties to the civil court once again by granting permission to respondent no. 4 to approach the civil court.
(2.) This matter is a classic example as to how a litigant before the Court takes disadvantage of the process of law and the court by repeatedly tapping the doors of the courts for almost the same relief, after losing legal battles on a number of occasions.
(3.) Records reveal that the Bangalore Development Authority (hereinafter "BDA") respondent no. 12 herein, issued notification dated 16.11.1977 under Section 17(1) of BDA Act (almost similar to Section 4(1) of the Land Acquisition Act, 1894) proposing to acquire a vast extent of land in two villages, namely Leggere and Jaraka Bande Kaval. The purpose of acquisition was to form a residential layout called "Extension of Mahalakshmi Layout" (also called Nandini Layout). An extent of 393 acres 25 guntas in survey no. 1 of Jaraka Bande Kaval village out of the total extent of 519 acres 37 guntas was also notified. The preliminary notification included the land belonging to respondent no. 4 located in survey no. 1 of Jaraka Bande Kaval village measuring 25 acres 20 guntas. The preliminary notification was published in the official gazette on 22.12.1977. The final declaration dated 30.08.1979 (gazetted on 20.09.1979) was issued under Section 19(1) of the BDA Act (almost similar to Section 6(1) of Land Acquisition Act). On 04.06.1985, the Additional Land Acquisition Officer passed an award in respect of the land measuring 127 acres 21 guntas in survey no. 1 of Jaraka Bande Kaval Village including the land in dispute (the land belonging to respondent no. 4) measuring 25 acres 20 guntas. It was noted by the Additional Land Acquisition Officer that respondent no. 4 had filed a petition before him in response to the notice issued under Sections 9, 10 & 11 of the Land Acquisition Act. The award dated 04.06.1985 mentioned supra passed by the Additional Land Officer was approved by the Government of Karnataka on 19.09.1986 and consequently the award amount was deposited by BDA in the Court.;