The court confirmed that land acquisition remains valid despite claims of abandonment if possession was taken and the scheme implemented as per law.

ORDER :

1. Petitioners claiming to be the owners of land in Sy.No.21/2 admeasuring 2 acres 8 guntas situated at Kothnur Village, Uttarahalli Hobli, Bangalore South Taluk, (hereinafter referred to as “ the Subject Land”) are before this Court seeking following reliefs:

"I. Call for the entire records from the respondent:

II. Issue an appropriate order, writ declaring the scheme J.P. Nagar 8^th Phase Bangalore envisaged under preliminary Notification bearing No.BDA/SLAO/A6/PR/229/87-88 dated 23.03.1988 as per Annexure-A and Final Notification bearing No. HUD/292/MNX/93, dated 19.10.1994 as per Annexure-B issued by the 1^st respondent, so far as the property of the petitioner, applying the provisions of section 27 of BDA Act be declared as lapsed.

ii(a) Declare that the acquisition proceedings initiated under the provisions of BDA Act 1976 for the JP Nagar, 8^th stage as lapsed on account of failure to implement the same within 5 years as contemplated under section 27 and consequently there is no vesting of land.

III. Grant such other relief, as deemed fit, by this Hon'ble Court in facts and circumstances of the case, including the award of the costs of the petition, in the interest of justice and equity".

2. Petitioners had originally sought for quashing of aforesaid preliminary notification dated 23.03.1988 and final notification dated 19.10.1994 as illegal, void ab initio on the grounds of same having lapsed and abandoned in view of provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which was deleted and substituted by the aforesaid prayers by way of amendment vide order dated 12.10.2022.

3. The case of the petitioners is that:

(a) the subject land originally belonged to one Sri.Gullappa who had purchased the same in terms of a registered deed of sale dated 29.09.1967 from one Smt.Papamma. The said Sri.Gullappa was in possession and enjoyment of the same till his demise on 12.05.2000. Thereafter the aforesaid property was inherited by the petitioners being his legal heirs.

(b) That the respondent-BDA sought to acquire the subject land in terms of the Preliminary Notification dated 23.03.1988 followed by Final Notification dated 19.10.1994 for the purpose of formation of residential layout known and called as "Jayaprakash Narayan Nagar 8^th Stage". That under the preliminary notification respondent-BDA had proposed to acquire in all an extent of 1009 acres and 14 guntas of land. After deletion, the aforesaid final notification was issued to an extent of 958 acres 15 guntas of land. That a notification under Section 16(2) of the LAND ACQUISITION ACT (LA Act), read with Section 36 of the Bangalore Development Act (BDA Act) has been issued on 02.09.2012 stating that possession of certain lands mentioned in the said notification had been taken on the respective dates mentioned therein. That the said notification under Section 16(2) of the LAND ACQUISITION ACT had been issued without notice to the petitioners as such the same is unenforceable and inoperative and is thus void ab initio.

(c) That the petitioners have been in possession and enjoyment of the subject land and at no point of time physical possession of the same