IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. No.804/2016 (LA – BDA) BETWEEN:
Sri C Krishna Reddy s/o late Channappa Reddy Aged about 65 years r/a No.09, VBT Layout Arakere, Bannerghatta Road Bangalore-560 076. … Petitioner (By Sri Lohataswa Banakar for Sri B V Shankaranarayana Rao, Advocates) AND:
1. State of Karnataka Represented by its Secretary Urban Development Department M S Buildings,Bangalore-560001.
2. Bangalore Development Authority T Chowdaiah Road, Kumara Park West, Bangalore – 560 020 Represented by its Commissioner.
3. The Additional Land Acquisition Officer, Bangalore Development Authority, Kumara Park West Bangalore-560 020. ... Respondents (By Sri Keshav R Agnihotri, Advocate for R2 & R3, Sri B J Eshwarappa, AGA for R1) This writ petition is filed under Articles 226 and 227 of Constitution of India praying to direct the acquisition proceedings in respect of the preliminary Notification dated 6.8.1988 vide Annexure-B and vide final Notification dated 3.11.1990 vide Annexure-C is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and grant all consequential reliefs thereto and direct the scheme called ‘Byrasandra Tavarekere Madivala IV Stage Layout’ published vide preliminary Notification dated 6.8.1988 vide Annexure-B and vide Final Notification dated 3.11.1990 vide Annexure-C in respect of the schedule property has lapsed under Section 27 of the Bangalore Development Authority Act 1976 and grant all consequential relief’s thereto.
This petition is coming on for preliminary hearing, this day, the Court made the following:-
ORDER In this writ petition, the petitioner has sought for the following reliefs:
a) Issue a writ, order or direction, the acquisition proceedings in respect of the vide preliminary Notification No. preliminary notification bearing No.BDA/ALAO/A1.PR.117/87-88 dated 06.08.1988 (Annexure-B) and vide final Notification bearing No.HUD/334/MNX 90 dated 03.11.1990 (Annexure-C), is deemed to have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and grant all consequential reliefs thereto b) The Scheme called ‘Byrasandra Tavarekere Madivala IV Stage Layout’ published vide preliminary Notification No. Preliminary Notification bearing No.BDA/ALA/A1.PR.117/87-
88 dated 06.08.1988 (Annexure-B) and vide Final Notification bearing No.HUD/334/MNX 90 dated 03.11.1990 (Annexure-C) in respect of the schedule property has lapsed under Section 27 of the Bangalore Development Authority Act, 1976 and grant all consequential relief/s thereto.
c) Issue any other writ or order or directions, as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.
2. Today learned counsel for the petitioner has filed a memo insofar as giving up prayer No.(a) in the writ petition.
3. Learned counsel for the petitioner submitted that schedule property bearing Sy.No.40/1 measuring 26 guntas of land of Devarachikkanahalli village, Begur Hobli, Bangalore South taluk is the subject matter in the present petition, whereas in the same Sy.No.40/1 measuring 1 acre 12 guntas was the subject matter in WP No.21831/2016 (DD 15.9.2017), wherein writ petition was allowed and acquisition of the land in question is declared as having been abandoned and consequently lapsed insofar as 1 acre 12 guntas of land in Sy.No.40/1 of Devarachikkanahalli village, Begur Hobli, Bangalore South Taluk.
4. Learned counsel for the respondents have not disputed that the decision in the case of Smt.Huchamma –vs- State of Karnataka and others in WP No.21831/2016 is identical to that of present petition insofar as prayer No.(b) is concerned.
5. Even the factual aspect of the matter is evident that survey number and other records except to the extent that petitioner is stated to be the owner of 26 guntas of land in the very same Sy.No.40/1. In view of these facts and circumstances, writ petition stands allowed in terms of the order dated 15.9.2017 passed in WP No.21831/2016. Acquisition of the land in question insofar as 26 guntas of land in Sy.No.40/1 of Devarachikkanahalli village, Begur Hobli, Bangalore South Taluk as having been abandoned and consequently lapsed.
Sd/- JUDGE Bkm