B.V.NAGARATHNA
Prem Kumar J. J. S/o. Joseph Prem Raj – Appellant
Versus
State of Karnataka – Respondent
Petitioner has sought a declaration that the scheme of acquisition and the impugned notification dated 14-05-1980 bearing No.HUD.49/MNJ.78 in respect of Sy.No.292 of Banaswadi village, Bangalore-560043 (Annexure-A) has lapsed insofar as the schedule property is concerned. The schedule property is detailed as under:
SCHEDULE PROPERTY
All the piece and parcel of property bearing No.16 (new No.2CC 601), 2nd ‘C’ Cross, 6th Main, H.R.B.R. 2nd Block, BDA Layout unacquired portion of survey No.292 of Banaswadi village, BBMP ward No.88, Bangalore-560 043 measuring 26’ x 50’ in all measuring 1300 sq.ft. bounded on:
East by :: 2CC 603
West by :: 6th Main Road
North by :: 2DC 602
South by :: 2nd ‘C’ Cross
2. According to the petitioner, in respect of Banaswadi Scheme, Bangalore Development Authority (for short ‘the BDA’) had issued preliminary notification on 05-05-1977 under Section 17(1) of the BDA Act, 1976 (hereinafter referred to as ‘the Act’ for the sake of brevity). Thereafter, declaration and final notification dated 14-05-1980 was issued under Section 19(1) of the Act.
3. Learned counsel for petitioner submits that petitioner’s mother late C.Mary had purchased the suit schedule proper
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