H. CHIKKA PUTTAIAH Vs. BANGALORE DEVELOPMENT AUTHORTY

JUDGEMENT

(1.) The respondent - BDA acquired Sy.No.14/2 in Malagalahalli Village, Yashwantpur Hobli, Bengaluru North Taluka, for formation of Nagarabhavi 2nd Stage in the year 1986. The petitioner has filed the instant writ petition praying for setting aside the said acquisition.

(2.) The case of the petitioner is that, 1 acre 22 guntas of land in Sy.No.14/2 was owned by one Smt. Sarojini, when the property was sought to be acquired under Preliminary Notification. That the name of the said Smt. Sarjoini was reflected in the revenue records and in spite of it, the respondent did not issue any notice to her about the intended acquisition, because of which she could not file any objections.

(3.) It is also contended that no notice was issued to her at the time of taking possession of the property and it is further submitted that, in fact the possession as contemplated under law has never been taken. It is further contended that Smt. Sarojini executed a Will in favour of the petitioner herein in respect of the property concerned and after her death in the year 2002, the petitioner became the owner of the property.