1. The petitioners, who are the owners of the 9 sites (the extent of which aggregates to 2 acres) carved out of the land at Survey No.31/1B of Doddakallasandra Village, are seeking the relief of declaration that the improvement scheme, namely, J.P. Nagar 9th Stage has lapsed. The respondents issued the preliminary notification, dated 17.11.1988 proposing to acquire 1,333 acres, 34 guntas for the formation of J.P. Nagar 9th Stage layout. The final notification was issued on 22.7.1991 in respect of 1,111 acres 36% guntas implying that 233 acres were left out of the acquisition proceedings.

2. Sri Ramesh Chandra, the learned counsel for the petitioners submits that the scheme in question has already lapsed. Out of 433 acres acquired in Doddakallasandra Village, only 12 acres of lands are utilised. He submits that under Section 27 of the Bangalore Development Authority Act, 1976 (‘BDA Act’ for short), if the BDA fails to execute the scheme within 5 years from the date of the publication in the Official Gazette of the declaration under Section 19(1) of the said Act, the scheme shall lapse and provisions of Section 36 shall become inoperative.

3. Sri Ramesh Chandra submits that