SEETHAMMA W/O BOODLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have sought the relief of declaration that all the acquisition proceedings pursuant to the issuance of final notification under Section 19(1) of the Bangalore Development Authority Act, 1976 ('BDA Act' for short) have lapsed in respect of land measuring 5 acres 6 guntas standing at Sy.No.6 of Byataguttepalya Village, Kasaba Hobli, Bangalore North. These lands and other lands totally measuring 1129 acres 2 guntas were acquired for the formation of Banaswadi - Hennur Road Layout.

(2.) SRI D. Pavanesh, the learned counsel for the petitioners submits that though the final notification is issued 33 years ago, the respondents have not passed the award and that therefore they have not taken possession of the lands in question. He brings to my notice the endorsement dated 24.11.2011 (Annexure-J) issued by the 2nd respondent to the effect that the award is not passed in respect of the lands in question. He submits that the petitioners have got the building plans sanctioned, have erected the buildings and have been residing therein. He submits that the khathas also stand in the names of petitioners and that the petitioners are paying the property tax. He submits that the water and electricity are also being supplied to the installations at petitioners' place.

(3.) SRI Narendra Prasad, the learned Additional Government Advocate appearing for the respondent No.1 submits that the cause of action was available to the petitioners in 1985 in which year, the five years time prescribed for implementing the scheme substantially is alleged to have expired. As the petitioners have not approached this Court immediately thereafter, i.e., in the year 1985-86, Sri Narendra Prasad would contend that these petitions are liable to be rejected on the ground of delay and laches.