The court established that failure to notify landowners and to take possession in accordance with the law invalidates the land acquisition process.

ORDER

M.I. Arun, J.

The respondent - BDA acquired Sy.No.14/2 in Malagalahalli Village, Yashwantpur Hobli, Bengaluru North Taluka, for formation of Nagarabhavi 2nd Stage in the year 1986. The petitioner has filed the instant writ petition praying for setting aside the said acquisition.

2. The case of the petitioner is that, 1 acre 22 guntas of land in Sy.No.14/2 was owned by one Smt. Sarojini, when the property was sought to be acquired under Preliminary Notification. That the name of the said Smt. Sarjoini was reflected in the revenue records and in spite of it, the respondent did not issue any notice to her about the intended acquisition, because of which she could not file any objections.

3. It is also contended that no notice was issued to her at the time of taking possession of the property and it is further submitted that, in fact the possession as contemplated under law has never been taken. It is further contended that Smt. Sarojini executed a Will in favour of the petitioner herein in respect of the property concerned and after her death in the year 2002, the petitioner became the owner of the property.

4. It is contended that as the possession of the property was not taken, the petitioner continued to be in possession of the property and he has developed the property and only recently before filing of the writ petition, he came to know about the acquisition and immediately he has preferred a writ petition.

5. Per contra, advocate for the BDA has contended that notice was issued to the Khatedar of the property, possession was taken in the manner known to law, notification has been issued under Section 16(2) of the Land Acquisition Act. It is further submitted that the original owner of the property has not challenged the acquisition and it is not open for the petitioner to challenge the same. It is also contended that the award has been passed and the amount has been deposited in the Court. For the said reason, it is prayed that the writ petition be dismissed.

6. In the course of the proceedings, the parties have produced the Preliminary Notification, Final Notification, order passed in W.P. No.1370/1987, revenue records pertaining to the property concerned, Google Map showing the present status of the property, note sheets of the BDA showing that the constructions have been come up on the property, original layout plan of Nagarabhavi 2nd Stage and also the subsequent plan prepared by the in respect of the property, which is the subject matter of the writ petition along with few adjacent properties. A report of the Executive Engineer of the BDA is also filed showing the present status of the property.

7. The aforementioned documents reveal that, the revenue documents contained the name of two persons including the name of Smt. Sarojini as the Khatedar of the property in Sy.No.14/2 when the Preliminary Notification was issued. However, it is admitted by the BDA that notice was not issued to Smt. Sarojini about the acquisition. Admittedly, no notice was issued to said Smt. Sarojini even when the BDA sought to take possession on the property. In proof of taking possession of the property, the BDA has produced a copy of the Mahazar, dated 15.12.1987 and the notification, dated 06.07.1991 as contemplated under Section 16(2) of the Land Acquisition Act. It is also submitted that, an award has been passed subsequently and the amount is deposited in the Reference Court.

8. The documents also reveal that, the BDA in the original plan regarding Nagarabhavi 2nd Stage did not include the property, which is the subject matter of the writ petition. It is only later that the additional plan is prepared where a layout is sought to be formed on the property of the petitioner. It is also not in dispute that certain constructions have come up on the property of the petitioner and the property has to be considered as developed and the said construction is having electricity and water supply and the people are living on the said property. The undis