PREM KUMAR J J Vs. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVT HOUSING AND URBAN DEVELOPMENT DEPT VIKASA SOUDHA BANGALORE

JUDGEMENT

(1.) Petitioner has sought a declaration that the scheme of acquisition and the impugned notification dated 14-05-1980 bearing No.HUD.49/MNJ.78 in respect of Sy.No.292 of Banaswadi village, Bangalore560043 (Annexure-A) has lapsed insofar as the schedule property is concerned. The schedule property is detailed as under:

(2.) According to the petitioner, in respect of Banaswadi Scheme, Bangalore Development Authority (for short 'the BDA') had issued preliminary notification on 05-05-1977 under Section 17(1) of the BDA Act, 1976 (hereinafter referred to as 'the Act' for the sake of brevity). Thereafter, declaration and final notification dated 14-05-1980 was issued under Section 19(1) of the Act.

(3.) Learned counsel for petitioner submits that petitioner's mother late C.Mary had purchased the suit schedule property in the year 2006, to be precise on 02-09-2006 under a registered sale deed. Thereafter, she had filed W.P.No.8199/2007 before this Court assailing the public auction of site Nos.2CC-601 and 2DC-602 of HRBR Layout, 6th Main, 2nd 'C' and 'D' Cross, Bangalore-43. The said writ petition was dismissed by order dated 24-07-2007. Thereafter, she filed W.A.No.1675/2007. The Division Bench also dismissed the said writ appeal.