B.L.RAMADEVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners claiming to be the widow and children of one Mr. M Venkatapathy are knocking at the doors of the Writ Court for assailing the acquisition of the subject land, that commenced with the issuance of Preliminary Notification dtd. 21/3/1977 issued under Sec. 17(1) followed by the Final Notification dtd. 15/5/1980 issued under Sec. 19(1) of the Bangalore Development Authority Act, 1976 on the ground that the scheme having not been executed acquisition has lapsed by virtue of Sec. 27 of the 1976 Act read with Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Learned Sr. Advocate appearing for the Petitioners submits that even otherwise, his clients are entitled to have the land & the structures built thereon retained under the 'Akrama Sakrama' Scheme.

(2.) After service of notice, the State has entered appearance through the learned AGA; the BDA and its SLAO are represented by their Sr. Panel Counsel who has filed the Statement of Objections dtd. 15/1/2021 resisting the Writ Petition. Learned Panel Counsel makes passionate submission justifying the acquisition in question.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court declines indulgence in the matter for the following reasons: