Few facts need to be mentioned infra for the disposal of this appeal, which involves a short point.
The dispute is between the appellant herein, which is a statutory body calledBangalore Development Authority hereinafter referred to as the Authority on the one hand and the private respondent Nos.
The writ petition was filed challenging the entire acquisition proceedings initiated by the Authority by issuance of the Notification dated 19.02.1976 by which the aforementioned land in question was acquired by the Authority and also Resolution No.
By impugned order, the Division Bench dismissed the appeal and affirmed the order of the writ Court.
It was, however, number done by the Division Bench and in a cursory manner, the Division Bench disposed of the appeal.
1051 dated 16.01.1976 passed by the Authority as being illegal, void and bad in law.
1 to 4 and two others on the other hand.
The Authority companytested the writ petition and supported the acquisition proceedings.
Aggrieved by the said order, the appellantAuthority has filed the present appeal by way of special leave in this Court.
3390 of Signature Not Verified 2005 LA whereby the Division Bench of the High Digitally signed by ANITA MALHOTRA Date 2018.09.20 165110 IST Court dismissed the writ appeal filed by the appellant Reason herein and affirmed the order dated 06.07.2005 of the Single Judge in Writ Petition No.28293 of 1991.
By order dated 06.07.2005, the writ Court Single Judge , in substance, allowed the writ petition and, therefore, the Authority felt aggrieved and filed an intra Court appeal before the Division Bench.
15/4, 16/4 and 16/8 situated in Jedahalli Village, Bangalore North Taluk, Bangalore measuring around 6 acres 3 guntas.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are companystrained to allow the appeal and while setting aside the impugned order remand the intra companyrt appeal to the Division Bench of the High Court for its disposal afresh on merits in accordance with law.
Respondent Nos.
1 to 4 and two others filed a writ petition No.28293 of 1991 before the High Court of Karnataka Bangalore against the Authority, some private respondents, State of Karnataka and the Bangalore City Corporation.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 05.09.2007 of the High Court of Karnataka at Bangalore in Writ Appeal No.
