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THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY v. S. AKBAR

Supreme Court of India | Diary 19392/2019

Status

Order

Decided On

2023-12-14

Bench

HON'BLE MS. JUSTICE BELA M. TRIVEDI, HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

Petitioner

THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY

Respondent

S. AKBAR

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2023 (arising out of SLP (C) No.15606 of 2019)

THE COMMISSIONER, THE BANGALORE DEVELOPMENT AUTHORITY ….APPELLANT(S)

VERSUS

SRI S AKBAR ….RESPONDENT(S)

WITH

CIVIL APPEAL NO. OF 2023 (arising out of SLP (C) No.13565 of 2019)

THE BANGALORE DEVELOPMENT AUTHORITY ….APPELLANT(S)

VERSUS

SRI IRSHAD AHMED SHARIFF & ANR. ….RESPONDENT(S)

O R D E R

1. Leave granted.

2. Heard learned counsel for the parties.

3. The Civil Appeal arising out of SLP (C) No.15606 of

2019 has been filed challenging the impugned order

dated 06.12.2018 passed by the High Court of

Karnataka at Bengaluru in Regular First Appeal

No.1152 of 2017, whereby the High Court has dismissed

the appeal of the appellant - Authority on the ground

1

of delay alone, by observing that there was an

inordinate delay without any sufficient cause, in

filing the first appeal.

4. The learned counsel for the appellant has drawn the

attention of the court to the written statement filed

by the Authority – defendant that the award in land

acquisition proceedings in respect of the land in

question was already passed under the Land

Acquisition Act, as back as on 09.03.1987 and the

possession of the land in question was also taken

over by the Authority ...

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