M. SREENIVAS Vs. STATE OF KARNATAKA AND OTHERS
HIGH COURT OF KARNATAKA
State of Karnataka And Others
Click here to view full judgement.
Ashok B. Hinchigeri, J. - -
(1.)As the questions of facts and law involved in W.P. Nos. 35912 and 35913 of 2016 are the same, they are ordered to be clubbed, heard together and are being disposed of by this common order.
(2.)The narration of the facts of the case are with reference to W.P. No. 35912 of 2016. The petitioner, who is the owner of 4 acres 9 guntas (including 2 guntas of phot kharab land) standing at Survey No. 97/1A of Uttarahalli Village, Uttarahalli Hobli, Bengaluru South Taluk is seeking the relief of declaration that the Scheme for the formation of Banashankari V Stage Layout in respect of the said property (vide preliminary notification dated 29-12-1988 (Annexure-A) and the final notification dated 7-10-1999 (Annexure-B) have lapsed under Sec. 27 of the Bangalore Development Authority Act, 1976 ('B.D.A. Act' for short) as well as under Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('2013 Act' for short).
(3.)Sri K.G. Raghavan, the learned Senior Counsel appearing for Sri Nischal Dev B.R for the petitioner submits that the scheme is not implemented, award is not passed and the possession is not taken. He submits that the issue is no more res integra. This Court, by its order, dated 8-12-2011 passed in W.P. No. 19792 of 2010 has issued the declaration that the proceedings have lapsed in respect of the land covered under the very same notification and for the very same Scheme.
Copyright © Regent Computronics Pvt.Ltd.