LAWS(KAR)-2020-10-106

RAJAMMA Vs. STATE OF KARNATAKA

Decided On October 08, 2020
RAJAMMA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) In the instant petition, the petitioners seek for the following relief:

(2.) Heard the learned counsel for the petitioners and learned HCGP for respondent No.1 as well as Sri.M.N.Ramanjaneya Gowda, learned counsel for respondent Nos.2 and 3 and perused the material on record.

(3.) Learned counsel for the petitioners, in addition to reiterating the various contentions urged in the petition and referring to various documents produced by the petitioners, submits that the subject land bearing Sy.No.126/2 measuring 27 guntas situated in Kothnur Village, Uttarahalli Hobli, Bengaluru South Taluk was notified for acquisition along with other lands vide preliminary notification at Annexure-E dated 23.03.1988 issued under Section 17(1) of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act' for short) and the final notification issued at Annexure-F dated 19.10.1994 issued under Section 19(1) of the Act. It is submitted that since the scheme in relation to the said acquisition was not subsequently implemented by respondent Nos.2 to 3-BDA, the scheme in relation to "Jayaprakashnarayan Nagar 8th Phase/Stage" has stood lapsed as declared by this Court in the case of R. Adikesavulu Naidu and others vs. State of Karnataka reported in ILR 2011 KAR 3657. In this connection, learned counsel invites my attention to paragraph No.131 of the said decision, which reads as under: