ANANDA P Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners and the respondents. The petitioners claim as owners of land bearing Survey No. 1/2 measuring about 4 1/2 guntas of Lottegollahalli Village, Bangalore North Taluk. It is claimed that it belonged to one Patalappa, who died in the year 1995, leaving behind the petitioners as his legal heirs to succeed to the same. It is claimed that Patalappa was married to one Nagarathnamma and the petitioners are her children. After the demise of Patalappa, Nagarathnamma as Class -I heir, has managed the affairs of the estate and she died on 20 -8 -2011. And apart from land bearing Survey No. 1/2 of Lottegollahalli of an extent of 4 1/2 guntas, the family did not own any other land. Patalappa had however, constructed six small dwelling units in the year 1977 in the said extent and the said premises have been provided with electricity and water supply by the electricity and water supply agencies.

(2.) THE learned Counsel for the respondent -Bangalore Development Authority (BDA) has entered appearance and filed statement of objections and would seek to justify the acquisition proceedings. The learned Counsel would contend that the petition would have to be dismissed on the primary ground of delay and laches. The acquisition proceedings are of the year 1977 and the present petition being filed in the year 2013 is 36 years late and therefore, it is to be dismissed on the ground of delay and laches at the threshold, in the light of catena of decisions by the Supreme Court as well as this Court.