BANGALORE DEVELOPMENT AUTHORITY Vs. MUNITHAYAMMA

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 13/3/2014 passed by learned Single Judge by which writ petition preferred by respondents No.1 to 9 has been allowed and it has inter alia been held that since, the scheme framed by the Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) has lapsed, the proceeding initiated for acquisition of the land has been quashed.

(2.) Facts leading to filing of this appeal briefly stated are that the one Papaiah viz., husband of respondent No.1 and father of respondents No.2 to 6 was allotted land under registered partition deed dtd. 16/12/1971 measuring 27 guntas of Sy.No.173/12 situate at Banaswadi Village (hereinafter referred to as 'the land in question' for short). The aforesaid Papaiah died intestate on 23/4/1997. On his death, the land in question devolved on respondents.

(3.) The land in question along with other lands was required for the purposes of formation of Old Madras Banaswadi Road (OMBR) Layout. Therefore, a preliminary notification dtd. 3/11/1977 was issued by the Authority and a final notification was issued on 13/11/1980. Thereafter an award was passed on 10/7/2010.