S.N. MOHAN KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this Writ Petition, petitioners are assailing the Preliminary Notification dtd. 19/9/1977 (Annexure-B) and Final Notification dtd. 7/2/1978 (Annexure-C) issued by the respondents, has become lapsed under Sec. 27 of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act') insofar as 'A Schedule Property' is concerned, inter-alia, sought for quashing the Award dtd. 18/8/1980 issued by the respondent No.4 (Annexure-G) and sought for issuance of fresh award in respect of the 'B schedule Property'.

(2.) Relevant facts for adjudication of this Writ Petition are that, the land bearing Sy.No.172/2B of Bilekahalli Village, Bangalore South Taluk, measuring to an extent of 4 acres 29 guntas was purchased by G. Narayana Swamy Reddy (father of the petitioners) as per the registered Sale Deed dtd. 5/5/1967 and the revenue records stand in the name of the father of the petitioners and on his demise, revenue records transferred into the name of the petitioners. It is further stated in the Writ Petition that the respondent - authorities have issued the Preliminary Notification dtd. 19/9/1977 (Annexure-B) and Final Notification dtd. 7/2/1978 (Annexure-C) and sought to acquire various lands including the land belonging to the petitioners for the purpose of formation of BTM Scheme, however, no efforts have been made to take possession of the schedule properties within the reasonable period. Therefore, the petitioners have sought for declaration that, the impugned notifications are liable to be quashed under Sec. 27 of the Act insofar Schedule 'A' to the writ petition and to quash the award dtd. 18/8/1990 (Annexure-G) insofar as Schedule 'B' property is concerned. Hence, this writ petition.

(3.) I have heard Sri. Lokesh R., learned counsel appearing for the petitioners and Smt. Rashmi Rao, learned HCGP appearing for respondent No.1 and Sri. H. T. Basavaraja, learned counsel appearing for the respondent Nos.2 to 4.