LAKSHMAMMA W/O LATE NARASIMHIAH AND NARASIMHAMURTHY S/O LATE NARASIMHIAH Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND OTHERS

JUDGEMENT

(1.) PETITIONERS have sought for a direction to the Respondents 1 and 2 to implement the resolution dated 3.8.1998 bearing No. 135/1993 passed by the 2nd Respondent -Bangalore Development Authority vide Annexure -'A' to the writ, petition. Certain other consequential reliefs are also sought for.

(2.) THE records reveal that the Petitioners are the owner of the lands bearing Survey No. 6, measuring 4 acres 15 guntas and Survey No. 9/1, measuring 3 acres 9 guntas, situated at Lottegollahalli village, Kasaba Hobli, Bangalore North Taluk,. The said lands were acquired by Respondent No. 2 by issuing a final notification under Section 19 of the Bangalore Development Authority Act on 2.8.1978. Petitioners questioned the acquisition notification. A settlement was entered into between the parties during the pendency of the matter and the Respondents 1 and 2 agreed to confine the acquisition only to the extent of 54% -of the acquired land and to leave the balance of 46% of the land for the benefit of the Petitioners. Thus, a resolution came to be passed as per Annexure -'A' on 3.8.1998 in Subject No. 135/1998 to the effect that an area of 3 acres 21 guntas only will be taken possession of from out of Survey Nos. 6 and 9/1 of Lottegollahalli village (which was owned by the Petitioners) by way of outright sale at the acquisition rate and that the remaining extent of 2 acres 36 guntas was agreed to be left in favour of Smt. Lakshmamma, former land owner.

(3.) STATEMENT of objections are filed by the 2nd Respondent -BDA wherein it has averred as under: Para -6: It is submitted that necessary steps will take to implement the said Resolution in so far as land measuring an extent of 02 acres 36 guntas situated in two Survey Numbers of Lottegollahalli village forming the subject matter of Resolution No. 135/1998. Para 7: it is submitted that under the guise of seeking a direction for implementation of Resolution No. 135/1998, the Petitioners cannot maintain the instant Writ Petition (with certain ether prayers) for the land in excess of their entitlement as per the Resolution No. 135/1998. The Petitioners have described the total extent of land in Schedule -A & B by including the portion of the land for which, the Petitioners have no right, title and interest. Para 8: It is submitted that implementation of Resolution No. 135/1998 involves certain internal procedures, identification of the land and earmarking of boundaries. Necessary steps will be taken to implement the Resolution in respect of 02 acres 36 guntas land within 3 months from today. Wherefore, it is humbly prayed that this Hon'ble Court be pleased to dispose off the above Writ Petition by granting 3 months time to the Respondent No. 2 herein for implementation of Resolution No. 135/1998 in so far as it relates to land measuring 02 acre 36 guntas forming the subject matter of Resolution No. 135/1993, in the interest of justice.