( 1 ) W. P. nos. 18981 to 18983 of 1988 are filed on 28-10-1986 where as W. P. nos. 18891 and 18892 of 1986 are filed on 27-10-1986 and the other two writ petitions 9260 and 9261 of 1988 arc filed on 16-6-1988.

( 2 ) IN all these petitions, the petitioners have sought for a declaration that the scheme 'mini forest' to the east of jayamahal extension, Bangalore notified as per notification No. Alao/la/l/pr/1977-78, dated 5-4-1977 (Annexure-A) and the notification No. Hud 72 mnj 77, dated 7-2-1978 issued under sections 17 (1) and 17 (3) and Section 19 respectively of the Bangalore development authority Act, 1976 (hereinafter referred to as the 'act') has lapsed by operation of law and to quash the aforesaid notifications. They have also sought for a further direction restraining the respondents from taking any steps against the petitioners for taking possession of the lands notified under the aforesaid notifications. The petitioners have also further prayed for a declaration that the scheme had lapsed and as such the aforesaid notifications are liable to be quashed, therefore, to quash the impugned notifications.

( 3 ) UNDER the notification dated 5-4-1977 published in the Karnataka gazette dated 5-5-1977 lands bearing s. Nos. 94/3 measuring 1-07 acres, s. No. 95 measuring 4-19 acres out of the total extent of 7-25 acres, s. No. 113 measuring 6-34 acres out of the total extent of 15-17 acres and government gramathana kharab portion measuring 2-02 acres out of the total extent of 6-01 acres situated in k. g. byadarahalli village, civil station, Bangalore north taluk were proposed to be acquired for a development scheme for creation of 'mini forest' to east of jayamahal extension. The notification was issued under sub-sections (1) and (3) of Section 17 of the act. The notification further stated that the particulars of the scheme, a map of the area comprised therein, a statement specifying the lands which were proposed to be acquired and of the land in regard to which betterment tax may be levied could be seen in the office of the chairman, Bangalore development authority (bda), Bangalore. It was also notified that all persons interested in the said lands to contact the chairman during office hours on all working days.

( 4 ) IN these petitions, we are not concerned with item No. 4 of the notification. All these lands stood in the name of one m. b. ramachandran. Earlier to that the lands stood in the name of one byrappa. Byrappa had an younger brother by name venkataswamappa. Venkataswamappa's sons are (1) m. v. narayanaswamy, m. v. ramakrishna, m. v. sampath kumar (petitioner in W. P. No. 18981/1986), m. v. sundar raj, m. v. purushothama (petitioner in W. P. No. 18982/1986 ). M. v. narayanaswamy died leaving behind his wife Smt. Swarnagowri.

( 5 ) AS the lands in question stood in the name of m. b. ramachandran, notice was served on him. He also filed his objections. After considering the objections and holding due enquiry, the state government issued a notification bearing No. Hud 72 mnj 77, dated 7-2-1978 under sub-section (1) of Section 19 of the act declaring that the lands proposed to be acquired under the preliminary notification dated 5-5-1977 were required for the public purpose viz. , For the formation of 'mini forest' to the east of jayamahal extension. Thereafter award was passed on 23-9-1986. Some of the persons interested in the lands filed their claim petitions. After the award was passed, possession was obtained on 28-10-1986. We have already pointed out the dates on which these petitions were filed.

( 6 ) IN W. P. nos. 18981 to 18983/1986 the petitioners have filed i. a. iii seeking amendment to the writ petition to raise certain grounds and to add those grounds as paras 7 (a), 7 (b) and 7 (c) and paras 18 (i), 18 (ii) and 18 (iii) to the main petition. The bda has also filed its additional statement of objections. In addition to this, on 20-9-1991, the petitioners in W. P. nos. 18981 to 18983 of 1986 have filed an

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