B.S.Patil, J. - (1.) Petitioner was owner of land bearing Sy.No.169/5 situated at Kothanur Village, Uttarahalli Hobli, Bengaluru South Taluk, measuring 4 acres 10 guntas including 6 guntas of karab land. The said land was initially notified for acquisition by the Bangalore Development Authority (for short 'BDA') vide preliminary notification dated 23.03.1988. Vast extent of 1009 acres 14 guntas was notified for acquisition as per the said notification for formation of "Jayaprakashnarayan Nagar 8th Stage". First final notification was issued on 19.10.1994 restricting the acquisition to 974 acres 08 guntas of land. In view of the order passed by the High Court quashing the acquisition of some of the lands under the first final notification, the State Government issued second final notification on 17.09.1997, this time restricting the extent of land acquired to 327 acres 12 guntas. The third final notification dated 05.04.1999 in respect of 123 acres 29 guntas of land, followed by fourth final notification dated 07.10.1999 for an extent of 92 acres only.
(2.) The land of the petitioner has been acquired as per the fourth final notification dated 07.10.1999, which means that after a lapse of nearly 11 years from the date of issuance of preliminary notification dated 23.03.1988, the final notification in respect of the land of the petitioner was issued. Award was passed on 06.05.2008. Possession of the land of the petitioner was taken over as is evident from Section 16(2) notification dated 02.09.2012, but compensation determined for the land was neither paid nor deposited. It is in this background, petitioner has approached this Court seeking a declaration that acquisition proceeding has lapsed as the same has not been completed by paying compensation to the land loser. In the alternative, petitioner has also sought for a direction to the BDA to allot equal extent of land in the same or similar locality having equal potential.
(3.) Mr. G.Krishnamurthy, learned Senior Counsel appearing for petitioner invites attention of the Court to the pleadings and documents placed on record, to contend that conduct of the BDA in resorting to acquisition by racing it over a period of almost 20 years disclosed that petitioner has been subjected to the ordeal of prolonged acquisition proceedings without paying any compensation. It is his submission that even as on today, BDA has not paid any compensation for the acquired land. He has urged that rights of the petitioner recognized under the provisions of the Land Acquisition Act and under Article 300-A of the Constitution of India have been violated. He invites the attention of the Court to the judgment rendered by this Court under similar circumstances in W.P.No.9302/2016 disposed of on 17.08.2017 to contend that petitioner is entitled for similar direction for either payment of compensation for the land as it obtained today or for allotment of equal extent of land as an alternate land in similar locality.;