G DINESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, allegedly the owner of agricultural land comprised in the writ petition in substance seeks quashing of the Preliminary Notification dated 13.12.1974 at Annexure-A and Final Notification dated 21.06.1979 at Annexure-B issued under the provisions of Section 16 and 19 of the City of Bangalore Improvement Act, 1945 whereby, the acquisition was proposed for the benefit of the City Improvement Trust Board, Bangalore, i.e., the predecessor of the third respondent BDA.

(2.) After service of notice, the respondent State and the Deputy Commissioner have entered appearance through the learned High Court Government Pleader, Mr. Dildar Shiralli and the third respondent BdA has entered appearance through its Panel Counsel, Shri Taranath Shetty. The BDA has filed the Statement of Objections.

(3.) Learned counsel for the petitioner submits that although the acquisition proceedings were set in motion by issuance of the impugned Preliminary and Final Notifications, later the proposal has been given up; despite there being no accomplishment of acquisition process and despite admittedly no possession having been taken nor any award having been made, these very Notifications are coming in the way of petitioner's claim for conversion of the subject agricultural land to non-agricultural loser under the provisions of Section 95 of the Karnataka Land Revenue Act, 1964.