R P M SRINIVASULU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners claim to be the owners of lands bearing Sy. Nos. 76, 84, 85/1 and 86/1, measuring 5 acres 13 guntas, 1 acre 20 guntas, 4 acres 37 guntas and 6 acres 20 guntas respectively situate at Kothanur Village, Uttarahalli Hobli, Bangalore South Taluk. The said lands are stated to be earmarked as part of residential zone both in 1984-Comprehensive Development Plan and the 1995-Comprehensive Development plan. The petitioners claim that they have got these lands converted for non-agricultural purposes. The third respondent got issued a preliminary notification bearing No. BDA/slad/a6/pr/229/87-88, dated 23-3. 1988 published in the Karnataka Gazette on 2-6-1988 for purpose of J. P. Nagar VHI stage layout. The lands of the petitioners also were included in the said notification. The petitioners filed objections to the preliminary notification. The objections raised by the petitioners were not considered and the final notification came to be issued on 19-10-1994 vide notification No. HUD/292/mnx/93. The petitioners challenged the final notification in W. P. Nos. 1855,4451 and 3126 of 1995 praying for quashing of the preliminary and final notifications. This Court by its order dated 26-9-1996 quashed the final notification. This Court, however, reserved liberty to the respondents to proceed with the acquisition in accordance with law and complete the same within one year from the date of the order.

(2.) IN the meanwhile the Government along with the B. D. A. had formulated a scheme for promoting group housing by private individuals. The scheme was announced in the Government Order No. HUD 341 mnr 95, dated 1st June, 1995. The petitioners had submitted their application on 21-7-1995 for formation of the layout in respect of their properties. The original scheme was later on modified as per the Government Order No. HUD 341 MNX 95, dated 17-11-1995. The petitioners pursued the matter with the respondents and requested them on 27th october, 1997 to delete their lands from the acquisition proceedings. The b. D. A. granted formal approval for the scheme on 30th March, 1998 subject to the condition that the sanction of KE. B. and B. W. S. S. B. are obtained by the petitioners. On receipt of the formal approval, the petitioners approached K. E. B. , B. W. S. S. B. and other authorities for obtaining the no objection certificate. The petitioners were hoping that the layout plan produced by them will be approved by the B. D. A. and they would be permitted to form a layout in their lands. But, on 12-7-2000, the petitioners received a communication dated 12-7-2000 from the third respondent to the effect that the B. D. A. has withdrawn the permission earlier granted by it on 30-3-1998. Being aggrieved by the said communication, the petitioners have filed these writ petitions praying for the above reliefs. None of the respondents have filed statements of objections.

(3.) HAVE heard the learned Counsel for both sides.