(1.) These writ petitions are stale petitions hit by delay and laches. Petitioners' claim interest in land measuring an extent of 5 acres 16 guntas in Sy No. 136 and 1 acre 22 guntas in Sy. No. 138/4 located in Kadugondanahalli Village of Kasaba Hobli, Bangalore North Taluk. Such lands were subject matter for acquisition under the provisions of the Bangalore Development Authority Act, 1976, (hereinafter referred to as 'the BDA Act') in terms of preliminary notification issued under Section 17 (1) and (3) of the BDA Act, dated 29.05.1978, copy at Annexure-A to the petition and final notification under Section 19 (1) of the BDA Act, dated 28.04.1985, copy at Annexure-B to the petition.
(2.) It is the case of the Petitioners that BDA had passed a resolution on 30.07.1988, copy at Annexure-C to the petition, resolving to give up the subject lands belonging to the Petitioners from the scope of acquisition for the reason that though awards had been passed in respect of these lands also, physical possession had not been taken by the BDA, from the owners, but on representation was received from one Sri. T.M. Munishamappa said to be power of attorney holder and on such representation and under such circumstances, the notification was denotified in respect of land measuring an extent of 5 acres 16 guntas in Sy No. 136 and 1 acre 22 guntas in Sy. No. 138/4. It is the version of the Petitioners that the resolution was followed by a letter addressed to the Secretary to the Government, Housing and Urban Development Department by communicating the same as per the letter dated 28.1.1989 signed by the Commissioner, BDA, as per Annexure D to the petition.
(3.) It is the further version of the Petitioners that though the lands originally stood in the name of one Rangaiah, on and after his demise on 5.8.1981, the 1st Petitioner - wife and 2nd Petitioner - son of said Rangaiah have pursued the matter before the authority and 2nd Petitioner had been apprised by the Bangalore Development Authority (BDA) that the request of the 2nd Petitioner for permission to develop the lands under "Group Housing Scheme" will be considered favourably, after the Petitioners submit necessary material and records as indicated in communication dated 6.02.1997 addressed to the 2nd Petitioner by the BDA as per Annexure E.