The Supreme Court has disapproved the Karnataka High Court’s way of deciding an appeal related to a 42-year-old acquisition of land by the Bangalore Development Authority, in a “cursory” manner without going into merits of the matter.
A bench of Justices Abhay Manohar Sapre and S Abdul Nazeer remanded the matter back to the high court for
fresh consideration, saying the intra court appeal did involve factual and legal issues but the division bench did not deal with it.
“It was incumbent upon the division bench to deal with all such issues urged and then record its findings one way or the other keeping in view the submissions urged and legal provisions applicable to the issues,” the court said.
The matter related to land bearing no 15/4, 16/4 and 16/8 situated in Jedahalli village, Bengaluru North Taluk, measuring around six acres three guntas. The dispute was between the Bangalore Development Authority, a statutory body, on the one hand, the private parties on the other.
The private persons, led by B N Ramalingaswamy and others, challenged the acquisition proceedings initiated by the BDA in 1976, before a single judge, which had on July 6, 2005, allowed the writ petition.
Feeling aggrieved, the BDA challenged the decision before a division bench, which, however, affirmed the order by the single judge.
As the BDA filed the special leave petition, the top court set aside the division bench decision, saying the high court did not deal with any of the issues arising in the case and nor it seemed to have dealt with any of the submissions by the parties, especially, those made by the BDA as an appellant in the said intra court appeal.
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