RAMACHANDRA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has assailed preliminary notification bearing No.HC.PR.ALAO/389/BDA/76-77, dated 21.03.1977 issued by respondent No.2 at Annexure-C and final notification bearing No. HVD-49 MNJ 78 dated 14.05.1980 (Issued by first respondent) at Annexure-D, insofar as the schedule property is concerned which consists of three items of land bearing survey No.320 (common) measuring 7 Guntas, 2 Guntas and 2 respectively situated at Banasvadi Village, K R Puram, Bangalore.

(2.) The challenge to the said notification is in the context of seeking a declaration that the acquisition in respect of schedule lands has lapsed under the provisions of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter referred to as the 2013 Act , for the sake of convenience). Petitioner has averred that the schedule lands belongs to Sri.Shamanna Reddy who is none other than his father; that Sri.Shamanna Reddy was registered as an occupant, as occupancy rights were granted to him in LRF No.5014/1974-75 dated 16/05/1981 by the Land Tribunal and a copy of the said order is annexed at Annexure-A to the writ petition; that Sri.Shamanna Reddy had two sons namely, Sri.Jayappa Reddy and the petitioner and two daughters namely, Smt.Baby and Smt.Kanthamma. Petitioner is also known as Chandra Reddy, that the respondent authorities initiated acquisition proceedings by the aforesaid notifications. All the notifications were issued in the year 1977-1980. It is the case of the petitioner that physical possession of the schedule lands have not been taken over by the petitioner. It is contended that Sri.Shamanna Reddy and Smt.Thimmakka, his wife are in physical possession of schedule lands and they have put up a residential construction and residing therein. They have averred that as they continue to be in physical possession of schedule lands and therefore, in terms of Section-24 (2) of the 2013 Act, they are entitled to a declaration that the said acquisition in respect of schedule lands has lapsed. Therefore, they have sought for the aforesaid prayers.

(3.) I have heard learned counsel for the petitioner and learned AGA who has appeared on advance notice and perused material on records.