SRI H.C. MUTHAPPA REDDY REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER AND ORS. Vs. THE STATE OF KARNATAKA BY ITS SECRETARY,

JUDGEMENT

(1.) HEARD the learned Senior Advocate Shri Madhusudhan R. Naik appearing for the learned counsel for the petitioners and the learned counsel for the respondents. These petitions are disposed of by this common order, having regard to the facts and circumstances. In W.P. 174211 -17432/12, the petitioners claim the lands bearing Sy. No. 45 measuring 3 acres 4 guntas, Sy. No. 46/1 measuring 3 acres 13 guntas, Sy. No. 50/3 measuring 4 acres 21 guntas, Sy. No. 51/1 measuring 1 acre 19 guntas Sy. No. 50/2 measuring 1 acre 10 guntas of Hulimavu Village, Begum Hobli, as belonging to the petitioners and their family members. The petitioners claim originally under one Muniyappareddy, son of Muniswamappa and that on his demise, they claim as his legal heirs under a registered partition deed dated 20/5/1948, whereby the properties have been allotted to each of these petitioners, in respective shares.

(2.) IN W.P. 2513/13 and 2942 -2946/13, the first and second petitioners are said to be owners in possession of land bearing Sy. No. 21/1c1 measuring 22 guntas, the third petitioner claiming to be the owner in possession of land bearing Sy. No. 21/1c1 measuring 22 guntas and claim to have succeeded to the property by way of inheritance. The fourth petitioner is said to be the owner in possession of the land bearing Sy. No. 21/1c3 measuring 8 guntas, the fifth petitioner is said to be the owner of land in Sy. No. 21/1c4 measuring 17 guntas and the sixth petitioner is said to be the owner of land in Sy. No. 21/1c6 measuring 16 guntas of Hulimavu Village, Begur Hobli.

(3.) IT transpires that all the above lands were the subject -matter of acquisition proceedings, in the State having issued a notification under Section 17 of the Bangalore Development Authority Act, 1976 (hereinafter referred to as the BDA Act), for the purposes of formation of the Byrasandra -Tavarekere -Madivala 6th Stage Layout (BTM 6th Stage Layout) dated 8/9/1987, gazetted on 11/2/1988. The final notification under Section 19(1) of the BDA Act was issued on 28/7/1990 and it was gazetted on 28/7/1990 itself. The validity of the acquisition proceedings was sought to be questioned in writ proceedings before this court in W.P. No. 19128/90 and connected cases. The petitioners were also before this court in that batch of petitions. The same were disposed of by a common order dated 10/9/1996. Though this court justified the acquisition, there were directions issued insofar as the land of the petitioners were concerned, where it was claimed that there were structures in existence and that the same could be excluded from the acquisition proceedings, if the land was subject to such development, as claimed, and the petitioners who claimed such developed lands, were granted liberty to make representations which were to be considered by the respondent -BDA and the State, in due course.