RAMACHANDRA Vs. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, THE COMMISSIONER AND THE ADDL. LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petition coming on for preliminary hearing -B group, is considered for final disposal. It is the case of the petitioner that he is the son of one Anjanappa who was the owner in possession of the land measuring 7 acres 4 guntas in land bearing Sy. No. 26/3 of Sonnenahalli Village, Bangalore South Taluk, Bangalore District. The petitioner's father is no more and the petitioner has succeeded to his estate and therefore is preferring this writ petition.

(2.) IT is his case that the second respondent -Bangalore Development Authority (Hereinafter referred to as 'BDA' for brevity), has proposed a Scheme for the purpose of formation of a layout which was approved by the government and a large extent of land was sought to be acquired. The preliminary notification was dated 24/1/2002 and a final notification was issued on 31/10/2002. The land in question was shown in the notification and though the entire extent of 7 acres 4 guntas was notified for acquisition, an award was passed only to the extent of 3 acres 2 guntas of the said extent and this was intimated to the father of the petitioner as per endorsement dated 7/4/2003, which is at Annexure -B to the writ petition.

(3.) IN view of the fact that there were no steps taken in respect of 3 acres 2 guntas of the extent of land held by the petitioner's father, he had approached the authorities, seeking conversion of the land for non -agricultural residential purpose and the competent authority, under the Karnataka Land Revenue Act, 1964, had passed an order permitting such change of land use and the petitioner's father had complied with all further requirements thereto, pursuant to the conversion order. It is stated that parallely there was a proposal sent for deletion of 3 acres 2 guntas from the notification, as no award was passed in respect to the same.