V KRISHNA MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has called into question the preliminary notification, dated 15.04.2002 (Annexure-A) and the final notification, dated 31.10.2002 (Annexure-B). He has also made an alternative prayer seeking a direction to the respondent No. 1 to release the petitioner's land from the purview of acquisition. He has also sought the relief of declaration that the acquisition proceedings in respect of the schedule properties have lapsed.

(2.) Sri C.M. Nagabhushan, learned counsel for the petitioner submits that the total extent of the land covered by the impugned notification is 14 acres 22 guntas. Out of the said extent 3 acres 26 guntas are utilized for the formation of a road by the Bangalore Development Authority ('B.D.A.' for short). The B.D.A. has passed a resolution on 20.07.2006 for the withdrawal of the unutilized land of 10 acres 36 guntas from the acquisition. He further submits that the Government was requested by the B.D.A. to issue the notification under Section 48(1) of the Land Acquisition Act, 1894 vide its letter, dated 22.06.2006 (Annexure-E1). He submits that once again the similar resolution was passed by the B.D.A. in its Board meeting held on 10.02.2010. The Government was informed of the passing of the second resolution also by the B.D.A. vide its letter, dated 08.04.2010 (Annexure-E2).

(3.) Sri Nagabhushan also brings to my notice the order sheet in LAC No. 125/2004 (Annexure-G) to show that even the amount deposited by the B.D.A. pursuant to the passing of the award is withdrawn along with the reference itself on the ground that it proposes to withdraw the land from acquisition.