(1.) These two batch of writ appeals are filed by two sets of persons challenging the acquisition of approximately an extent of about 60 acres of land under various survey numbers situated in Devarachikkanahalli and Bilekanahalli Villages, Bangalore South Taluk, Bangalore District. The appellants in W.A.Nos.4772-800/2011 were petitioners before the learned Single Judge in W.P.Nos.40150-167/2002 and W.P.Nos.41771-792/2002. They are land owners of various survey numbers of Devarachikkanahalli and Bilekanahalli village. They filed aforesaid writ petitions through their General Power of Attorney Holder, namely, the Managing Director and Executive Director of M/s. Addi Housing and Industries Private Limited, who had subsequently acquired interest in the said lands. The petitions in W.P.Nos.40150-167/2002 and W.P.Nos.41771-792/2002 were disposed off by common order dated 10.4.2003. The said common order was also passed in respect of another set of writ petitions in W.P.Nos.31726-727/2002. However, petitioners in the said batch have not challenged the order of dismissal of said petitions.
(2.) So far as appellants in W.A.No.263/2008 and 5137-5197/2011 are subsequent purchasers of sites formed in aforesaid survey numbers by M/s. Addi Housing and Industrial Limited by securing Power of Attorney through the land owners, namely, the appellants in the other batch of appeals. In both batch of writ petitions the challenge is to preliminary and final notifications respectively dated 6.8.1988 and 3.11.1990 for acquisition of the lands in question.
(3.) The fact that a large extent of land was notified under Sec. 17 of the BDA Act vide preliminary notification dated 6.8.1988 Gazetted on 15.12.1988 in respect of lands situated in Devarachikkanahalli and Bilekanahalli villages for formation of BTM IV stage layout of BDA is not in dispute. It is also not in dispute that subsequently, final notification was issued to a lesser extent of land on 3.11.1990 which was Gazetted on 20.11.1990. Thereafter, possession of said lands were taken from time to time under the relevant provisions of the BDA Act is also not in dispute. It is further not in dispute that subsequent to the issuance of final notification, the Power of Attorney Holders of appellants/land lords, namely. M/s. Addi Housing and Industrial Ltd., and its Directors entered into an agreement with the land owners for purchase of nearly an extent of 60 acres of land which were under acquisition for formation of a private layout thereon. In that behalf, they secured the General Power of Attorney from said land owners during the period 1992-94 I.e., subsequent to preliminary and final notifications being issued for acquisition of the lands in question.
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