H. KRISHNA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) It is the case of the petitioner that land bearing survey no.80/1, measuring 3 acres and 26 guntas of Arakere Village, Begur Hobli, Bangalore North Taluk, was held by the father of the petitioner as a tenant, who was personally cultivating the same. He had claimed occupancy rights under the provisions of the Karnataka Land Reforms Act, 1961 (Hereinafter referred to as the 'KLR Act', for brevity), which was granted in his favour in the year 1981 and was in occupation of the same.

(2.) The Bangalore Development Authority (Hereinafter referred to as the 'BDA', for brevity) had formulated a Scheme called 'Byrasandra Tavarekere Madiwala 6th Stage Layout' and had issued a Preliminary Notification under Section 17 of the Bangalore Development Authority Act, 1976 (Hereinafter referred to as the 'BDA Act', for brevity) dated 8.9.1987. The Scheme covered an area of about 805 acres 21 guntas of land, comprising of 524 acres 09 guntas of Hulimavu village, 231 acres 21 guntas of Arakere village, which included the land mentioned hereinabove. The Scheme was sanctioned by the Government by an order dated 10.3.1989. A final notification was also issued under Section 19 of the BDA Act dated 28.7.1990. In the said notification, the total extent of land was reduced to 562 acres and 34guntas comprising of 388 acres 9 guntas of Hulimavu Village and 174 acres 25 guntas of Arakere Village. The petitioner's father was the notified holder of the land. It transpires that during the year 1995, an extent of 45 acres and 20 guntas of land was released in favour of M/s Shanthi Builders with permission to develop the land.

(3.) It is the case of the petitioner that the Scheme was not executed even as on the date of the petition. On the other hand, the State Government had issued a notification under Section 48 of the Land Acquisition Act, 1894 (Hereinafter referred to as the 'LA Act', for brevity) dated 28.2.2001, withdrawing from acquisition of the lands bearing survey nos.78/1 and 78/2A of Arakere village. It is the further grievance of the petitioner that out of a total extent of 388 acres 9 guntas of Hulimavu village, only an extent of 13 acres was sought to be used for the Scheme. But, even this did not materialize. Similarly, out of the total extent of 174 acres 25 guntas of Arakere village, about 4 acres and 20 guntas was sought to be used for formation of sites. Hence, there was no development, which was of any significance insofar as the implementation of the Scheme is concerned and is squarely covered under Section 27 of the BDA Act and the Scheme is, therefore, deemed to have lapsed by virtue of Section 27 of the BDA Act.