is payable under Section 23(1-A) as additional amount and interest under Sections 31 and 28 of the Act to recompensate the loss of right to enjoyment of the property from the date of notification under Section23(1-A) and from the date of possession till compensation is deposited. It would thus be clear that theplea of deprivation of right to livelihood under Article 21 is unsustainable.
UNDER BDA LAND ACQUISITION ORAL HEARING IS NOT CONTEMPLATED:-The Commissioner, Bangalore ... vs State Of Karnataka And Anr. ILR 2006 KAR 318
The SupremeCourt in the case of Land Acquisition Officer, City Improvement Trust Board, Bangalore v. H.Narayanaiah , examining the various provisions of the Improvement Act observed, that the Bangalore Act,as its preamble states, is really concerned with the "improvement and future expansion of the City of Bangalore and for the appointment of a Board of Trustees with special powers to carry out the aforesaidpurposes. As an incident of this improvement and expansion it provides for acquisition of land also. It does not, however, contain a separate code of its own for such acquisitions. Relying on the aforesaidjudgment a Division Bench of this Court in the case of Khoday Distilleries Limited and Ors. v. State of Karnataka and Ors. , after considering the said argument held that the provisions of the BDA Act is in pithand substance for improvement of the Bangalore Metropolitan Area and acquisition of land is only part of such activity and not the main activity. Acquisition of land is part of the power and not incidental thereto.Such power is conferred on the BDA as part of the improvement itself. For purpose of improvement of theCity of Bangalore, if necessarily land has to be acquired the said contention has no substance. Two sets of provisions under Sections 4, &A and 6 of the LA Act are comparable with the provisions of Sections 17and 18 of the BDA Act. Thus in substance there are provisions under the BDA Act to indicate theproposals for acquisition considering the objections thereto, sanctioning the proposal for acquisition andif such acts do not take place within a period of five years the proceedings would lapse. Further it hasbeen held, under the BDA Act oral hearing is not at all contemplated. The requirement of the provisions of the Act would fee satisfied, if opportunity for filing objections had been given.The judgment in Khoday Distilleries case has been affirmed by the Supreme Court in the caseof Munithimmaiah v. State of Karnataka and Ors. , where it was held that, they are in entire agreement with the reasoning and also affirming the ultimate conclusions arrived at by the High Court in KhodayDistilleries case which in their view is squarely in conformity with the ratio of the earlier decision of theCourt in the case of H. Narayanaiah. It was held, so far as the BDA Act is concerned, it is not an Act formere acquisition of land but an Act to provide for the establishment of a Development Authority tofacilitate and ensure a planned growth and development of the City of Bangalore and areas adjacent thereto and acquisition of lands, if any, therefor is merely incidental thereto.The BDA Act so far as acquisition of land for its developmental activities are concerned in substance andeffect will constitute a special law providing for acquisition for the said purpose of the BDA and,therefore, it cannot be considered to be part of the LA Act. Thus a scheme formulated, sanctioned and set for its implementation under BDA Act, cannot be stultified or rendered ineffective and unenforceable by aprovision in the Central Act, particularly of the nature of Section 4 or 5-A which has no application to theactions taken under the BDA Act.
SEVERAL AUTHORITIES LIKE SINGLE WINDOW COMMITTEE & ORS WERE EMPOWERED TO GIVEEXEMPTION TO ACQUIRE LAND:-
The BDA while according approval to the scheme/layout plan would impose a condition that a specificnumber of dwelling units shall be constructed for allotment in favour of middle and low income groups.Once the approval is given, necessary exemption would also be granted under the provisions of theKarnataka Land Reforms Act, 1961. Accordingly, the Government passed an order on 1-6-1995authorising the BDA to permit Group Housing Projects to be undertaken by landowners in associationwith developers/institutions