SIDDAMMA Vs. BANGALORE DEVELOPMENT AUTHORITY BANGALORE

JUDGEMENT

(1.) Plaintiff is the appellant. Respondent is the defendant. The suit filed in the Trial Court is one for grant of decree of permanent injunction against the respondent and its officials or anybody claiming through it. The property shown in the schedule of the plaint is site No. 3 being a portion of Sy. No. 18/1 of Kodihalli Village, Bangalore South Taluk bearing site Nos. 2069 and 2080, HAL 3rd Stage, Bangalore South Taluk. Plaintiff purchased the vacant plot of land bearing No. 3 in Sy. No. 18/1 of Kodihalli Village, under a registered sale deed dated 20-5-1975. The said property originally belonged to one Shamanna, son of Ulsoorappa and according to the plaintiff his vendor was in the lawful possession prior to the sale. It was contended by the plaintiff that, there is no acquisition proceedings and even subsequent to the purchase, no notice was caused to him regarding any acquisition or formation of layout or allotment of site by the respondent. Plaintiff averred that she ,has put up a construction in the property and later she learnt that, the acquired land was demarcated as "Built up Area" and to the said effect the respondent displayed and demarcated in the BDA map in respect of HAL 3rd Stage and the plaint schedule property was given site Nos. 2069 and 2080 by the BDA. According to the plaintiff, her possession and enjoyment of plaint schedule property is lawful. She contended that the officials of BDA tried to dispossess her from the plaint schedule property.

(2.) Respondent/defendant filed written statement and contested the suit. It was inter alia contended therein that the suit is not maintainable for want of notice under Sec. 64 of the Bangalore Development Authority Act, 1976 ("the Act" for short). Though the sale deed dated 19-5-1975 was not seriously disputed, it is contended that the plaintiff has not acquired any valid right and title over the plaint schedule property in view of the fact that, the land bearing Sy. No. 18/1 of Kodihalli Village was acquired by the Government for the benefit of the BDA in pursuance of the preliminary notification dated 21-9-1967. The final notification was gazette on 28-7-1971. Notices under Sections 9, 10, 11 and 12 of the Land Acquisition Act, 1894 were issued to the notified kathedars Halasarappa S/o. Muneppa, Shamanna S/o. Alasurappa and others. Acquisition formalities as required under the L.A. Act were complied with and the award was passed by the LAO on 20-11-1974. The possession was taken and was handed over to the Engineering Section. The award amount has been sent to the Civil Court. It was contended that the defendant formed layout of sites and allotted the sites to the respective allottees and that the plaint schedule property has been numbered as site Nos. 2069 and 2080. It was contended that in view of the acquisition proceedings, the alleged purchase of the property by the plaintiff has no value in the eye of law and that she has not acquired any title to the same and that she is not in lawful possession of the property.

(3.) Based on the material pleadings, the learned Trial Judge raised the following issues for consideration: