MUNIYAMMA Vs. COMMISSIONER

JUDGEMENT

(1.) Petitioners have sought for quashing the modified layout plan approved by 1st respondent on 17.05.2012 at Annexure-J. They have also sought for setting aside the sale deeds executed by 1st respondent in respect of sites bearing Nos. 4 to 6, 9 to 14 in favour of the 2nd respondent. Alternatively, they have also sought for declaration that scheme of 1st respondent in respect of Sy. No. 48/5 (new No. 129), situated at Nagarabhavi Village, Yeshwantpura Hobli, Bangalore South Taluk measuring 4 acres 4 guntas. According to the petitioners, they are joint owners of land bearing Sy. No. 48/5 (new No. 129) situated at Nagarabhavi Village, Yeshwantpura Hobli, Bangalore South Taluk measuring 4 acres 4 guntas.

(2.) The Bangalore Development Authority notified Sy. No. 48/5 (New No. 129) measuring 4 acres 4 guntas situated at Nagarabhavi Village along with various other properties for acquisition by issuing notification under Section 17(1) of Bangalore Development Authority Act, 1976 dated 15.07.1982. The final notification under Section 19(1) of said Act was issued on 16.08.1985. According to the petitioners, though the land is acquired along with other lands, the scheme relating to Nagarabhavi Second Stage is not implemented in respect of the property in question and therefore, the scheme has lapsed and consequently, they are entitled to get back aforementioned lands in their favour.

(3.) The writ petition is opposed by the learned Counsel for respondent-Bangalore Development Authority as well as respondent No. 2, by contending that the land acquisition process has attained finality and therefore, it is not open for the petitioners to pray for reopening of the entire matter. It is submitted on behalf of respondent No. 2 that in the area in question, sites are formed and the land losers in the Ring road scheme have been already allotted sites under incentive scheme. Thus according to the respondent-BDA, the scheme is implemented--fully.