Non-compliance with mandatory statutory notice requirement can lead to the quashing of acquisition proceedings.

( 1 ) THESE writ petitions are preferred against the acquisition proceedings in pursuance of the preliminary notification of acquisition dated 19-9-1977 and the final notification of acquisition dated 7-2-1978 published in the Karnataka Gazette dated 9-3-978 ending with 9-3-1983.

( 2 ) THE material facts are these : the respondents initiated the land acquisition proceedings in respect of the lands belonging to the petitioners described in detail in the schedules to these writ petitions besides other lands for the purpose of formation of a lay-out called byrasandra-Thavarekere-Madivala Scheme (for short 'b. T. M. Scheme' ). The preliminary notification of acquisition dated 19-9-1977 was published in the Official gazette dated 29-9-1977. The final notification of acquisition dated 7-2-1978 was published in the Official Gazette dated 9-3 1978.

( 3 ) THE lands of the petitioners are covered by these acquisition proceedings. According to the petitioners, the implementation of entire B. T. M. Scheme ought to have been completed before 9-3-1983 and that the respondents have no jurisdiction to continue the land acquisition proceedings or the implementation of the scheme beyond 9-3-1983. The grievance of the petitioners is that the respondents are proceeding with the acquisition in violation of law.

( 4 ) I have heard Sri M. Ranga Rao, the learned Counsel for the petitioners, sri B. J. Somayaji, the learned High Court government Pleader for respondent No. 1 and also Sri A. J. Sadashiva, the learned counsel for respondent No. 2 B. D. A.

( 5 ) ARISING out of the contentions urged and a perusal of the impugned notifications as also the material on record, the following points arise for consideration : (1) Whether the respondents have no jurisdiction to continue the acquisition proceedings beyond a period of five years from the date of the publication of the final notification ; and (2) Whether the acquisition proceedings are vitiated for non-compliance with the requirement of statutory notice to the petitioners.

( 6 ) AT the outset, it may be stated that the respondents have not filed any statement of objections rebutting the allegations of fact made by the petitioners in these writ petitions.

( 7 ) IT is feasible to refer to the relevant provisions of the Bangalore Development authority Act, 1976 ('the Act' for short ). Section 27 of the Act provides :"27. Authority to execute the scheme within five years :-Where within a period of five years from the date of the publication in the official gazette of the declaration under subsection (1) of section 19, the Authority fails to execute the scheme substantially, the scheme shall lapse and the provisions of section 36 shall become in-operative. "

( 8 ) WHAT the above section postulates is that the scheme should be substantially completed within the prescribed period of five years commencing from the date of the final notification. The question is whether there has been a substantial compliance with the requirement ot law.

( 9 ) IN S. L. P (C) No. 294 of 1985, g. Narayanaswamy Reddy v. The State of Karnataka and another, the petitioner had questioned the validity of the acquisition proceedings under which the land belonging to him was acquired and taken over by the Government for the purpose of utilising it for the same B. T. M. Scheme of the Bangalore Development Authority. The notice under Section 12 of the Land acquisition Act, 1894 was served on the petitioner after the publication of the preliminary notification and the revenue records showed that the possession of the land was taken on 15-6-1983. The petitioner had questioned the acquisition proceedings on the ground that there was a non-compliance with the provisions of sec. 27 of the Act inasmuch as there was non-execution of the scheme to a substantial extent within five years from the date of the final notification and that, therefore, the acquisition proceedings became void and unenforceable. It was, therefore, conten