K V INDIRAMMA Vs. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT AMBEDKAR VEEDHI BANGALORE

JUDGEMENT

(1.) These writ petitions are filed under Article 226 of the Constitution of India seeking a declaration that acquisition proceedings initiated vide preliminary notification dated 15.12.1984 and the final notification dated 28.11.1986 thereby acquiring the land bearing Survey No.32/4(Kanesumari No.46) of Roopena Agrahara Village, Hosur Main Road, Bangalore South Taluk described in schedule "A" and "B" of the petition schedule measuring East to West 200 ft. and North to South 75 Ft.(Schedule "A") and East to West 80 Ft and North to South 75 Ft(Schedule "B") as abandoned/lapsed.

(2.) The undisputed facts as they emerge from the pleadings and the documents produced including the statement of objections filed by the BDA are that the land in question was notified for acquisition vide preliminary notification dated 15.12.1984 under Section 17(1) followed by final declaration dated 28.11.86 issued under Section 19 of the Bangalore Development Act, 1976.

(3.) After the final declaration was made in the year 1986, the BDA has neither taken over possession of the land nor passed any award let alone paying compensation in respect of the acquired land to the petitioners. It is in this background, petitioners have filed these writ petitions seeking the aforesaid relief.