B K NANJUNDAIAH Vs. B D A BANGALORE

JUDGEMENT

(1.) Petitioners claim to be the owners of S.No. 16 of Malagalu village, Yeswanthapur Hobli, Bangalore North Taluk. The said land measures 5 acres 20 guntas. Petitioner-1 is the uncle of petitioners 2 and 3. It is stated that the original owner of this land was B. Kamaiah, the father of the first petitioner who died on 20-12-1978. Thereafter a suit for partition was filed in O.S. No. 222 of 1980, on the file of the Civil Judge, Bangalore. A compromised decree was passed on 12-6-1980. Under the said decree, 2 acres 30 guntas fell to the share of the first petitioner and the remaining 2 acres 30 guntas fell to the share of petitioners 2 and 3. This land along with several other lands was sought to be acquired by B.D.A. for the formation of Nagarabhavi II stage layout. Preliminary notification dt/- 15-7-1982 was published in the Karnataka Gazette dt/- 26-8-1982. For S.No. 16, the following entry is found :-

(2.) The petitioners along with the writ petition have filed the final declaration dt/- 5-8-1986 published in the Karnataka Gazette dt/- 4-9-1986. In the additional grounds, it is stated by the petitioners that on 16-8-1985, the Government has published a final declaration in respect of Nagarabhavi I stage layout, which is published in the Karnataka Gazette dt/- 7-9-1985. This document is marked as Anx.-'G'. As per this declaration, an extent of 357 acres 2 guntas in Nagarabhavi village and 163 acres 14 guntas in Malagalu village is acquired. In the final declaration dt/- 5-8-1986 (Anx.-'F'), an extent of 292 acres 5 guntas in Nagarabhavi village and 312 acres 18 guntas in Malagalu village has been acquired. The argument constructed by the learned counsel for the petitioners in this aspect is that since only one preliminary notification is issued on 15-7-1982, the State Government had no competence to issue two declarations under S.19 of the Act. It was maintained that since S.No. 16 has not been included in Annexure-'G', the first of these declarations, the State Government must be deemed to have abandoned the scheme and it has become functus officio. Annexure-'G' is a declaration for what is known as Nagarabhavi I stage layout whereas Annexure-'F' is a declaration for what is known as Nagarabhavi II stage layout. Therefore two contentions are urged for the petitioners; firstly, the acquisition is bad since the name of the dead person is mentioned in the preliminary notification and final declarations, and secondly the State Government had no competence to issue a second declaration on the basis of the only preliminary notification in exercise of powers under S.19, as it has become functus officio.

(3.) In the statement of objection filed by the B.D.A., it is contended that notice under S.17(5) was served on the khatedars namely Dyavaiah bin Devagaiah, Ramiahshetty, Siddappa bin Puttarangappa and B. Kamaiah bin Bamappa. It is stated that award has been passed on 19-12-1986, and the amount has been deposited in the civil court and possession of the land has been taken. It is further stated that the scheme has been sanctioned by the Government Order dt/- 9-1-1986 and a sum of rupees twenty five lakhs has already been spent for sinking bore wells, formation of roads etc. It is also averred that notice under S.12(2) of the Land Acquisition Act has been served on the petitioners.