ANNAYAPPA S/O LATE AYYAPPA Vs. STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY TO HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA DR. AMBEDKAR ROAD BANGALORE-560 001. BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, K.P. WEST BANGAL

JUDGEMENT

(1.) PETITIONERS have sought for the following reliefs: -

(2.) THESE writ petitions are concerned with regard to 28 guntas of the land for which the award is passed. Undisputedly the possession of the property is not taken and the notification is not issued under Section );";16(2) of the Land Acquisition Act (for short hereinafter referred to as 'LA Act') and though the award was passed on 26.2.1990, the compensation amount is not deposited by the BDA or by the State Government before the Court as required under Section );";31 of the LA Act. Further contention of the petitioners is that 75% of the land in question is fully developed and the houses are existing and remaining area of about 25% of the land is coconut garden. Basing on the observations made in the case of Offshore Holdings Pvt. Ltd. Vs. Bangalore Development Authority and Others, (2011) 4 BomCR 212 , the aforementioned reliefs are sought for.

(3.) LEARNED Government Advocate by filing the statement of objections submits that the possession is not taken till this day and about 75% to 80% of the land is fully occupied by the built houses. Virtually the he supports the stand of the petitioners. Learned advocate appearing for BDA also submits that the possession is not taken by the BDA and the notification under Section );";16(2) of the LA Act is not issued till this day. According to him, the possession cannot be taken in view of the fact that the land in question is developed and houses have come up and the people are residing therein.