B.N. SIDDALINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ONE Siddalingappa was said to be the absolute owner of land bearing Sy. No. 179 of Halagevaderahalli, Bangalore South Taluk, measuring about 7 acres and 14 guntas. He is said to have sold an extent of 2 acres and 20 guntas in favour of one Fr. Jacob Kollaparambil. It further transpires that the said extent which had been notified for acquisition under the provisions of the Bangalore Development Authority Act 1976, (Hereinafter referred to as 'the BDA Act', for brevity) was deleted from the proceedings and the purchaser is said to have constructed a school therein. It is claimed that the petitioner has grown coconut trees and other trees and has developed a nursery in the remaining area. Though the lands of the petitioner had been notified for acquisition, the petitioner claims to have remained unaware of the same and that it was only after the final notification had been issued that he had filed objections to the acquisition. As he was not heard at that stage, he is said to have preferred a writ petition before this court in WP 30078/1996, which came to be allowed on the ground that there was no prior sanction of a scheme by the State government in proceeding with the acquisition proceedings, vide order dated 4.6.1998.

(2.) IT is the case of the petitioners, who are the legal representatives of late Siddalingappa, that the land was well developed as a nursery and hence there were representations made as on 24.7.1994, 25.8.1995 and 28.12.1998, seeking that the State Government withdraw from the acquisition proceedings in terms of a Government Circular of the year 1.1.1987, to the effect that lands which are developed as nurseries, ought to be kept out of the purview of the acquisition. The same had been kept pending without any consideration.

(3.) IN the year 2013, the petitioner has filed an application seeking amendment of the writ petition, the said application was heard along with the main petition and the respondents 2 and 3 have filed their objections to the same.