B.R.KRISHNAMURTHY Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitions coming on for preliminary hearing 'B' group is heard for final disposal.

(2.) IT is the case of the petitioners that they are brothers and owners of the property bearing survey no.52/1 measuring 1 acre 27 guntas at Hongasandra village, Begur hobli, Bangalore South Taluk. The petitioners claim that the property was ancestral property and after the death of their father, they have inherited the same and the katha in respect of the property stands in their name and they are in possession and enjoyment of the property. The first respondent is said to have issued a preliminary notification dated 20.6.1991 proposing to acquire the said land along with other parcels of land for the formation of a residential layout but till the date of the petition, no steps have been taken pursuant to the preliminary notification and therefore, the petitioners are before this Court to contend that the very scheme under which the layout was to be formed would lapse, if after five years the BDA does not take steps pursuant to the acquisition proceedings in terms of Section 27 of the BDA Act. IT is further claimed that the petitioners would intend to develop the land themselves into a layout and had sought for conversion of land use and that application has been kept in abeyance, having regard to the acquisition proceedings hanging fire and it is in this background that the petitioners are before this Court.