Smt Chowdamma and Others vs The Commissioner, Bangalore Development Authority, The State of Karnataka and The Vishwabharathi House Building Co-operative Society Ltd.

V.G. Sabhahit, J.—This review petition is filed under Order 47 Rule 1 CPC., seeking for review of the order dated 16.10.2008 passed is Writ Appeal No. 1557/2004.

It is averred in the review petition that the order passed by this court on 16.10.2008 is liable to be reviewed as the BDA., has failed to implement the scheme by hand-in-glove with the fourth respondent-Society and the appeal had come up for orders in view of the applications pending in the appeal and since the Bench has expressed to hear the matter on merits. When the review petition was called out, the Counsel appearing for the petitioners was absent and no representation was made on his behalf.

We have perused the grounds urged in the review petition and it is clear from the order passed by this court on 16.10.2008 that the said order has been passed on merits by holding that writ petitions are filed during 2003 challenging the acquisition proceedings pertaining to the year 1971 and after expiry of the requisite period during which respondents were required to implement the scheme and in view of the tact that acquisition proceedings were challenged in W.P. Nos. 17572-577/1995 and the said writ petitions are disposed of and the same was confirmed by the Division Bench of this court in W.A. No. 2221/1997 and the said order was also confirmed by the Hon''ble Supreme Court and the present writ petitions were filed only for declaration that the scheme has lapsed and the learned Single Judge has rightly held that scheme has not lapsed u/s 27 of the BDA Act Since there was no merit in the writ appeal, the writ appeal has been dismissed on merits. Order dated 16.10.2008 is a detail order confirming the order passed by the learned Single Judge dates 28.8.2003 and the contentions urged in the review petition do not make out any ground for review of the Order dated 16.10.2008. Accordingly, we hold that there is no merit in this review petition and pass the following order.

The review petition is dismissed.