MUNIBYRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these writ petitions, common question arises for consideration. Material facts leading to these writ petitions and the contentions raised are similar. Therefore, they are clubbed, heard together and are disposed of by this common order.

(2.) W.P. Nos. 32950-951/2015 are filed by owners of land bearing Sy.No. 154 which totally measures 1 acre 10 guntas and is situated at Ullalu Village in Yeshwanthpura Hobli, Bangalore North Taluk. The entire extent of 1 acre 10 guntas comprised in this survey number has been acquired for formation of Sir M. Visweswaraiah Layout alongwith several other lands. Preliminary notification was issued on 15.4.2002 followed by final declaration dated 31.10.2002. They were issued under sections 17 (1) and 19 (1) respectively of the Bangalore Development Authority Act, 1976 (for short 'the BDA Act'). Award was passed on 5.12.2002 which was approved on 3.1.2003. According to the stand taken by the BDA the amount has been kept in "R.D. Account" of the BDA.

(3.) Petitioners have approached This Court laying a challenge to the acquisition proceedings and seeking a declaration that the acquisition proceedings had lapsed in terms of the provisions contained under section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the New Act').