RAMESH KUMAR Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGA

JUDGEMENT

(1.) The petitioner - Ramesh Kumar S/o. Late Mohan Das Naidu has filed this writ petition in this Court on 08/03/2013 with the prayer that the Preliminary Notification issued by the Respondent - BDA on 15/11/2000 and the Final Notification dated 21/08/2001 for acquiring the land of the petitioner in Sy.No.67 measuring 1 Acre and 33 Guntas situated in Hemmigepura Village, Kengeri Hobli, Bangalore South Taluk may be quashed and the land of the said Sy.No.67 measuring 1 Acre 33 Guntas may be restored back to the petitioner.

(2.) The learned counsel for the petitioner Ms. K.K. Thayamma has contended before the Court that Sy.No.67 is far away, about more than one Kilometer away from the other Sy.Nos.65 and 66 in the said Village which were acquired by the Respondent - BDA for Formation of 'Banashnkari VI Stage Layout' Scheme under Section 27 of the Bangalore Development Authority Act, 1976 and since the said Scheme has not been implemented qua the said Sy.No.67, even by now and the petitioner continues to be in possession of Sy.No.67, which is having coconut trees and poultry farms etc., of the petitioner on the Site in question, therefore, the acquisition proceedings should be deemed to have lapsed and the acquisition of the land in the said Sy.No.67 deserves to be quashed qua the petitioner.

(3.) On the contrary, Mr. K. Krishna, learned counsel for Respondent - BDA has submitted before the Court that the acquisition proceedings in question for all the relevant Survey Numbers including the Sy.No.67 in question had become final long back and not only the Preliminary and Final Notifications as aforesaid were issued, but the petitioner himself has acquiesced in the matter by taking the compensation as determined under the Award dated 05/11/2001 which was approved by the State Government on 15/11/2001 and the possession of the land in question had been taken over by the Respondent BDA on 12/12/2001 itself and the Scheme in question also has been substantially implemented.