ASHOK B.HINCHIGERI J. - (1.) THE petitioner has approached this Court when his construction work on the land, measuring 30 guntas at Sy.No. 19 of Vasanthapura Village, Uttarahalli Hobli, Bangalore South Taluk was disturbed by the officials of the respondent No. 1.
(2.) THE facts of the case in brief are that the preliminary notification, dated 06.04.1989 and the final notification, dated 09.05.1994 were issued under Sections 17(1) and 19(1) respectively of the Bangalore Development Authority Act, 1976 (for short, 'BDA Act'), acquiring the land for the formation of Banashankari V Stage Layout. The notifications included 3 acres. 15 guntas at Sy.No. 19 of Vasanathapura village. The said land originally belong to one Lingegowda. In the partition in his family, the said property fell to the share of his son. Ramachandre Gowda. The petitioner purchased 30 guntas out of the said lands from the said Ramachandre Gowda on 18.02.2006. It is not in dispute that the petitioner has purchased the converted lands from agricultural to non -agricultural purpose. The conversion was granted on 03.06.1993, four years after the issuance of the preliminary notification and one year before the issuance of the final notification. Sri Sadashiva Reddy, the learned counsel for the petitioner submits that the whole scheme itself has lapsed. He submits that out of 17] acres. 12 guntas of the lands situated in Vasanthapura village, in respect of which the final notification was issued, the possession of only 20 acres, 11 guntas is taken. He submits that it means that about 88% of the lands, in respect of which the acquisition notifications were issued, have remained unutilized. He submits that no award whosoever is passed and that therefore the question of taking the possession of the land in question has not arisen.
(3.) SRI Reddy also brings to my notice the order, dated 19.09.1996 passed by this Court in W.P.No.21975/1994 and other connected petitions, wherein the final notification was quashed on the ground of not taking the sanction for the scheme. He also brings to my notice the photographs at Annexures K1, K2, K3, K4, K5 and K6 depicting the existence of the massive buildings on the adjoining lands. The photographs are produced to buttress the submission that the BDA has not taken the possession of the adjoining areas and of the lands in question.;