RAMAKKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The legality and correctness of the order passed in W.P. Nos. 1529 and 1530 is called in question in this appeal. Heard the Counsel for the appellant and Government Pleader for respondent 1.

(2.) The appellants who claims to be the owners of 1 acre 13 guntas in all situated at Kaval Byrasandra Village, Kasaba Hobli, Bangalore North Taluk, had filed W.P. Nos. 1529 and 1530 contending that the notifications issued under Sections 17(1) and 19 of the Bangalore Development Authority Act, 1976 as become infructuous and inoperative due to lapse of time. According to them the notification under Sections 17 and 19 of the BDA Act respectively are of the years 1978 and 1985 and no award has been passed so far as the lands of the appellants are concerned. The appellants relying upon Annexure-G, filed writ petitions stating that no award is passed for long period and acquisition proceedings have become infructuous.

(3.) Learned Single Judge who heard the matter considering various judgments has dismissed the writ petition on the ground that merely because the award has not been passed for considerable period cannot be a ground for the Court to declare that the acquisition proceedings initiated by the respondent has become infructuous. Challenging the same, the present appeal is filed.