B.V. VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is before this Court seeking for issue of mandamus to direct the respondent -Bangalore Development Authority to declare that the scheme of further extension of Mahalakshmi Layout (Nandini Layout) stood lapsed by operation of Section 27 of the Bangalore Development Act insofar as the land belonging to the petitioner. The petitioner in that regard is also seeking that the preliminary notification dated 16.11.1977 and the final notification dated 30.08.1979 have lapsed insofar as the land belonging to the petitioner.

(2.) THE case of the petitioner is that he is the owner of the property bearing Sy. No. 1 (new No. 154) of J.B. Kaval, Yeshwanthapura Hobli, Bangalore North Taluk measuring 1 acre 27 guntas. The said property was notified under the preliminary notification dated 16.11.1977 and the final notification dated 30.08.1979 for formation of further extension of Mahalakshmi layout (Nandini layout) by the respondents. The petitioner contends that despite issue of the said notifications, no further process has been done by the respondents with regard to the award being passed in respect of the said land or possession thereof being taken since structures existed. It is therefore contended that since no layout is formed in the land belonging to the petitioner, the scheme has lapsed insofar as the land of the petitioner.

(3.) LEARNED Government Advocate would contend that after the said particulars have been furnished by the BDA, the respondents would have to look into the same and pass appropriate orders, if the representation is made by the petitioner.