MADDURAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these Writ Petitions, petitioners are calling in question the acquisition of their lands, that was initiated by the Preliminary Notification dated 13.04.1989 followed Final Notification dated 09.05.1994, on the ground that the scheme in question having not been implemented within the statutory period, has lapsed and therefore, the lands have to be reverted back to the petitioners.

(2.) After service of notice, the 1st respondent has entered appearance through the learned High Court Government Pleader. The respondents 2 and 3 have entered appearance through their Panel Advocate Sri.Bipin Hegde, 4th respondent has entered appearance through Sri.M.S. Bhagwat; respondents 5 and 6 who are impleaded later are represented by Sri.Shivaprasad Shanthanagoudar.

(3.) The learned counsel for the petitioners Smt.Nalini Venkatesh vehemently contends that the acquisition is liable to be set-aside inasmuch as the co-ordinate Benches of this Court vide judgment dated 08.12.2011 in W.P.No.19792/2010 and the judgment dated 14.02.2014 in W.P.Nos.12962-12970/2012 have held that the entire Scheme in question has lapsed. The learned counsel also points out the Division Bench judgment of this Court made on 04.02.2015 in BDA's W.A.No.662/2012 (LA-BDA) challenging the former judgment referred to above having failed.