BYRAPPA Vs. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT AND THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Counsel for the respondent -Bangalore Development Authority (BDA) and the learned Government Advocate. It is the case of the petitioner that he is the absolute owner of land bearing Survey No. 8, which, initially, was sarkari gomal land and it was thereafter renumbered and resurveyed and the petitioner claims to have been cultivating the said land for several decades through his ancestors. It transpires that the BDA had notified various lands including the petitioner's land for formation of the Banashankari VI Stage, vide Preliminary Notification dated 15.11.2000 which was followed by Final Notification dated 21.8.2001. It is the grievance of the petitioner that the petitioner's cultivation of the land is being interfered with and therefore, the petitioner has questioned the acquisition proceedings, on the footing that neither the State Government nor the BDA would have any claim over the land with reference to yet another notification issued on 10.9.2003 wherein the petitioner's land did not figure and therefore, would submit that the acquisition proceedings are vitiated on account of the petitioner's land apparently having been deleted from the acquisition proceedings and there being interference with his possession even thereafter.

(2.) HOWEVER , it is pointed out by the learned Counsel for the BDA that there is misconception insofar as the notification dated 10.9.2003 at Annexure -L, which does not pertain to the acquisition of land for the formation of the Banashankari VI Stage and it is in respect of further extension of the Banashankari VI Stage and therefore, the absence of the petitioner's land therein is not unusual. It is further stated that insofar as the acquisition proceedings in respect of Banashankari VI Stage is concerned, the same is stopped at the stage of Final Notification as there was objection raised by the forest department of the State Government as to the lands in question being within the Reserve Forest Area and hence no further steps have been taken in respect of the acquisition proceedings.