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2017 Supreme(Kar) 1258

B.S.PATIL, ARAVIND KUMAR
Bangalore Development Authority – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. G S Kannur, Advocate
For the Respondent:Sri. D.Ashwathappa, Sri.M.V.Naveen Reddy, Advocate

JUDGMENT :

1. These appeals are preferred by the Bangalore Development Authority (BDA) challenging the order dated 21.03.2016 passed by the learned Single Judge thereby holding that in view of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 particularly Section 24(2), the acquisition proceeding in respect of the land in question bearing Sy.No.80/1 measuring 1 acre 26 guntas situated at Thippasandra village, K.R. Puram Hobli, Bangalore South Taluk stood lapsed. Such a finding is recorded by the learned Single Judge on the ground that neither possession of the land was taken over by the BDA nor compensation was paid to the land owner. Learned Single Judge has also further held that the Scheme for which acquisition proceedings had been initiated had lapsed because of non utilization of the land and non payment of compensation.

2. Briefly stated, facts in these cases disclose that by preliminary notification dated 21.09.1967 issued under the provisions of the City of Bangalore Improvement Act, 1945 followed by a final notification dated 15.07.1971, the land in question was acquired for formation of HAL III Stage Layout. The entir


















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