JAYALAKSHMI Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioners have filed these writ petitions under Article 226 of the Constitution of India seeking a declaration that acquisition proceedings in respect of land measuring 21 guntas comprised in Sy.No.94/1 situated at Hebbala Village, Kasaba Hobli, Bengaluru North Taluk have lapsed under Section 27 of the Bangalore Development Authority Act (for short, 'the BDA Act') and Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act, 2013 (for short, 'the new Act'). They have also sought for quashing the resolution dated 05.07.2014 passed by the BDA in Subject No.124/2013 vide Annexure-K whereby a decision has been taken to reject the request made by the petitioners for excluding the land in question from acquisition on the ground that as award had been already passed on 08.01.1996 and possession of land had been already taken over by issuing notification under Section 16(2), there was no valid reason for consideration of the request of petitioners.

(2.) Undisputed facts are that the land in question along with several lands was acquired for the purpose of formation of 150 feet outer ring road by issuing final notification dated 18.01.1995. The total extent of land notified for formation of outer ring road of Hebbal village was 7 acres 31 guntas. Out of the same, only 5 acres 5 guntas of land were utilised for formation of outer ring road. Remaining 2 acres 26 guntas was not utilised.

(3.) Unutilised lands in several survey numbers of Hebbal were given back to the owners pursuant to the resolution of BDA dated 04.04.1997 vide resolution No.109/1997. A copy of this resolution is produced at Annexure-C to the writ petition.