K NARAYANASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Gazette dated November 24, 1977 to the following effects :- "PART III - 3 KARNATAKA GAZETTE NOVEMBER 24, 1977 325 PART III - Section 3. NOTIFICATIONS RELATING TO LOCAL SELF-GOVERNMENT OFFICE OF THE CHAIRMAN, BANGALORE DEVELOPMENT AUTHORITY, BANGALORE. PRELIMINARY NOTIFICATION No. BDA: SALAO: C-3:PR : 301:1977-78, dated 3rd November, 1977. Whereas the development scheme for the formation of a layout called 'Banaswadi Scheme between Old Madras Road and Banaswadi Road' has been completed. Now, therefore, in pursuance of the provisions of sub-sections (1) and (3) of Section 17 of the Bangalore Development Authority Act, 1976 (Karnataka Act No. 12 of 1976), Bangalore Development Authority, Bangalore, hereby notify that the scheme has been made for the formation of a layout called 'Banaswadi Scheme between Old Madras Road and Banaswadi Road' comprising the following area : Note: 1) The particulars of the scheme, a Map of the are a compressed therein, a statement specifying lands which are proposed to be acquired and the land in regard to'which the betterment Tax may be levied may be seen in the office of the Chairman, Bangalore Development Authority, Bangalore, during the office hours on all working days.

(2.) All persons interested in the said lands are here by warned not to obstruct orinterfere with any Surveyors or other persons employed upon the said lands for the purpose of the said acquisition. Any contract for the disposal of the said lands by Sale, Lease, Mortgage, Assignment exchange or otherwise or any out-lay improvement made therein without the sanction of the Deputy Commissioner, Bangalore District, after the date of publication of this notification shall be disregarded by the officer assessing the compensation for such parts of the said land as may be finally acquired." <FRM>JUDGEMENT_582_KANTLJ1_1992Html1.htm</FRM> <FRM>JUDGEMENT_582_KANTLJ1_1992Html2.htm</FRM>

(3.) Suppressing the same, the present appellants who are none other than the sons of Kalappa the petitioner in W.P. No. 19544/1985 came forward with two Writ Petition Nos. 8639/1990 and 8640/1990. Our learned brother Justice Hanumanthappa dismissed the same with costs principally on two grounds, viz., (1) The petitioner before him viz., the appellant herein has completely suppressed the filing of Writ Petition No. 19544/1985 by his father; besides father has also filed O.S. No. 10484/1984 on the file of the City Civil Court, Bangalore, and (2) There was a long delay of thirteen years in questioning. The notification was of the year 1977, therefore the principle laid down in AIR 1984 SC 1020, Hari Singh and Others v State of Uttar Pradesh and Others, would squarely apply. In the result he dismissed the writ petition.