M. NARAYANA REDDY AND ORS Vs. PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT. OF KARNATAKA, BENGALURU & ORS

JUDGEMENT

(1.) We are concerned in this appeal with 2 acres 37 guntas of land in Sy.No. 17/4 and certain constructions thereon at Yellukunte Village, Begur Hobli, Bengaluru South Taluk.

(2.) A notification was published under sub-section (1) of Sec. 4 of the Land Acquisition Act on Jan. 28, 1985, proposing to acquire the land in question. The notification was published in the Official Gazette on Feb. 1, 1985. The property was sought to be acquired for formation of a residential layout for the benefit of I.T.I. Employees House Building Co-operative Society Limited. The preliminary notification was followed by the final declaration under Sec. 6 of the said Act on Jan. 24, 1986.

(3.) The writ Petitioner's moved his writ application before the Honourable single Judge challenging the acquisition on the ground that, although final declaration was published as far back as on Jan. 24, 1986, possession of the land has been retained by him and, therefore, same did not vest in the State. The Petitioner's relied upon several documents, including an endorsement dated Nov. 22, 2007 by the Special Land Acquisition Officer to the Revenue Department where it was stated that the land in question continued to be in possession of the land owner.