SHANTHAIAH Vs. THE COMMISSIONER AND ORS.

JUDGEMENT

(1.) PETITIONER has assailed preliminary notification issued under section 17 of the Bangalore Development Authority Act, 1976 dated 15.4.2002 (Annexure -B to the writ petition) as well as declaration and final notification dated 31.10.2002 issued by the State/respondent No. 8 (Annexure -C to the writ petition). By those notifications, respondents -authorities sought to acquire inter alia petitioner's land bearing survey No. 164/3, situated at Ullalu Village, Yeshwanthapura Hobli, Bangalore North Taluk, measuring 20 guntas.

(2.) ACCORDING to petitioner, he is the owner of the said land as he had inherited it from his father and that his name has been entered in the revenue records including R.T. Cs. That respondent No. 1 issued preliminary notification dated 15.4.2002 and thereafter, respondent No. 8 issued final notification dated 31.10.2002, inter alia acquiring the aforesaid land for the formation of Sir M. Vishweshwaraiah Layout. According to him, his name was notified in the acquisition notifications but no notice was issued to him and he did not get an opportunity to object to the impugned acquisition. As he was not aware of the acquisition, he did not know about the formation of layout and that very recently when respondent tried to interfere with his possession of the aforesaid land, he became aware about the acquisition and has hence assailed the acquisition notifications.

(3.) DURING the course of submission, petitioner's counsel pointed out that though his name had been indicated as the khatedar of the land in question, no notice was issued to him, as a result, he was not aware of the acquisition of his land for the formation of Sir M. Vishweshwaraiah Layout and therefore the respondent authorities cannot take possession of his land for the purpose of formation of a road in the said Layout. He therefore contended that in the absence of issuance of notice to the petitioner, acquisition of the land in question is bad in law.