LAWS(KAR)-2012-7-412

K. MUNISWAMAPPA Vs. COMMISSIONER, BANGALURU DEVELOPMENT AUTHORITY

Decided On July 03, 2012
K. Muniswamappa Appellant
V/S
Commissioner, Bangaluru Development Authority Respondents

JUDGEMENT

(1.) The subject matter of this writ petition is land bearing BBMP Katha No.48/15/1 in Sy.No.48/15 situated at Jakkasandra Village, Bangalore South Taluk, which is morefully described in the schedule to the writ petition and hereinafter referred to as the 'schedule property'. The petitioner has called in question the validity of the preliminary notification at Annexure-Q dated 15.12.1984 and the final notification at Annexure-R dated 28.11.1986 issued by the competent authority for acquiring the schedule property and the possession notice at Annexure-T dated 21.10.1993.

(2.) The contention of the petitioner is that his father Kaverappa had purchased the schedule property under a deed of sale at Annexure-A dated 23.10.1951.

(3.) Learned counsel for the petitioner submits that BDA has not taken possession of the schedule property from the petitioner. He was not aware of the proceedings initiated by the respondents for acquisition of the land. When he came to know that the lands have been acquired, he filed the writ petition challenging the acquisition proceedings.