M HANUMANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the owner in possession and enjoyment of land bearing S. No. 144, measuring 1 acre 18 guntas, 116/1 measuring 1 acre 7 guntas and S.No. 117 measuring 1 acre 6 guntas situated at Kadugondanahally, Bangalore North Taluk, Bangalore District. In the schedule to the petition, the petitioner has also mentioned a residential construction and a touring talkies.

(2.) The petitioner has challenged the acquisition of the aforesaid lands by the Bangalore Development Authority ('the B.D.A/ in short) under the preliminary Notification dated 29th May 1978 published in the Karnataka Gazette dated 21st September 1978 (Annexure-C) and Final Notification dated 27th February, 1985 published in the Karnataka Gazette on the 6th June 1985 (Annexure-D),

(3.) Mr. P. Krishnappa, learned counsel for the petitioner has raised two contentions. He firstly contended that there is inordinate delay in issuing final notification under Section 19 of the B.D.A. Act and that by itself vitiates the proceedings,