BANGALORE DEVELOPMENT AUTHORITY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal emanates from an order dtd. 11/2/2016 passed by the learned Single Judge, by which in writ petitions preferred by respondents No.2 to 7, it has inter alia been held that scheme framed by the Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) viz., between Hosur Road and Sarjapura Road (HSR Layout) as well as the land acquisition proceeding has been held to have been lapsed in respect of lands in question and the preliminary and final notification dtd. 15/12/1984 and 28/11/1986 respectively have been quashed. In order to appreciate the challenge of the Authority to the impugned order, relevant facts need mention, which are stated infra.

(2.) Land measuring 28 guntas and 1 acre, of Sy.No.30/6A and Sy.No.18/11 situate in Rupena Agrahara, Begur Hobli, Bangalore South Taluk belonged to one Sri.V.Ranganath and Sri.V.Govinda Raju. The respondent No.2 is the only son of Sri.V.Govinda Raju. Lands measuring 16,165 square feet and 5025 square feet of Sy.No.30/6A and Sy.No.18/11 were inherited by respondent No.2 vide registered settlement deed dtd. 17/5/1982. Similarly, respondent No.3 purchased land measuring 4435 square feet of Sy.No.30/6A and Sy.No.18/11 vide two registered sale deeds dtd. 21/1/1983 from the original owners viz., Sri.V.Ranganath and Sri.V.Govinda Raju. The father of respondent No.4 purchased land measuring 3600 square feet of Sy.No.30/6A and Sy.No.18/11 vide registered sale deed dtd. 26/10/1983 from the original owners. The respondent No.2 purchased land measuring 2315 square feet of Sy.No.30/6A and Sy.No.18/11 vide registered sale deed dtd. 6/3/1995.

(3.) The respondents No.5 and 6 purchased lands measuring 820 square feet and 870 square feet bearing Sy.No.30/6A and Sy.No.18/11 vide registered sale deeds dtd. 15/7/1994 and 18/6/2003. Similarly, respondent No.7 purchased vide registered sale deed dtd. 30/4/2010 land measuring 795 square feet bearing Sy.No.30/6A and Sy.No.18/11. Thus, respondents 2 to 7 are the absolute owners of the land measuring 36,000 square feet of Sy.No.30/6A and Sy.No.18/11 (hereinafter referred to as 'the schedule land' for short) situate in Rupena Agrahara, Begur Hobli, Bangalore South Taluk.