C JACOB Vs. SECRETARY

JUDGEMENT

(1.) Though the matter is coming up for "Hearing on Interlocutory Application", with the consent of the learned counsels on both sides, the matter is taken up for final disposal.

(2.) The prayer in this petition is to declare that the acquisition proceedings in respect of the petition schedule properties i.e., Sy.No.36/4, Hennur Village has lapsed on account of the endorsement issued by the 2nd respondent-BDA on 24.08.2005, at Annexure-D.

(3.) Learned counsel for the petitioner submits that the Additional Land Acquisition Officer has issued an endorsement dated 24.08.2005 at Annexure-D stating that 3 acres 20 guntas of land in Sy.No.36/4, which was notified for acquisition for the purpose of HBR I Stage Layout, and where final notification was issued on 09.1.1985, however award has not been made in view of the fact that there are unauthorized construction in the land in question.