M B RUMACHUNDRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) w.p. nos. 18981 to 18983 of 1988 are filed on 28-10-1986 where as W.P. nos. 18891 and 18892 of 1986 are filed on 27-10-1986 and the other two writ petitions 9260 and 9261 of 1988 arc filed on 16-6-1988.

(2.) in all these petitions, the petitioners have sought for a declaration that the scheme 'mini forest' to the east of jayamahal extension, Bangalore notified as per notification No. Alao/la/l/pr/1977-78, dated 5-4-1977 (Annexure-A) and the notification No. Hud 72 mnj 77, dated 7-2-1978 issued under sections 17(1) and 17(3) and Section 19 respectively of the Bangalore development authority Act, 1976 (hereinafter referred to as the 'act') has lapsed by operation of law and to quash the aforesaid notifications. They have also sought for a further direction restraining the respondents from taking any steps against the petitioners for taking possession of the lands notified under the aforesaid notifications. The petitioners have also further prayed for a declaration that the scheme had lapsed and as such the aforesaid notifications are liable to be quashed, therefore, to quash the impugned notifications.

(3.) under the notification dated 5-4-1977 published in the Karnataka gazette dated 5-5-1977 lands bearing s. Nos. 94/3 measuring 1-07 acres, s. No. 95 measuring 4-19 acres out of the total extent of 7-25 acres, s. No. 113 measuring 6-34 acres out of the total extent of 15-17 acres and government gramathana kharab portion measuring 2-02 acres out of the total extent of 6-01 acres situated in k.g. byadarahalli village, civil station, Bangalore north taluk were proposed to be acquired for a development scheme for creation of 'mini forest' to east of jayamahal extension. The notification was issued under sub-sections (1) and (3) of Section 17 of the act. The notification further stated that the particulars of the scheme, a map of the area comprised therein, a statement specifying the lands which were proposed to be acquired and of the land in regard to which betterment tax may be levied could be seen in the office of the chairman, Bangalore development authority (bda), Bangalore. It was also notified that all persons interested in the said lands to contact the chairman during office hours on all working days.