The court ruled that if the land is excluded from acquisition, there is no basis for quashing the notification.

ORAL ORDER

Petitioners are before this Court claiming to be owners of land measuring 1 acre 14 guntas forming part of Sy.No.64/4 out of 1 acre 20 guntas situated at Kodigehalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk, claiming to have purchased the same under registered deeds of sale dated

01.10.2007 seeking following relief:

"Issue a Writ in the nature of Certiorari thereby quashing the Notification dated 18.2.2010 bearing No UDD 51 MNX 2010 vide ANNEXURE-A issued by Respondent No.1 in so far as Petitioners lands are concerned as the same is not acquired under the impugned Notification."

2. Learned counsel for the respondent-BDA drawing the attention of this Court to the consent award/award dated 16.12.2015 passed by the respondent Land Acquisition Officer under Section 11 of the BDA Act produced at Annexure-F to the petition, more specifically referring to the statement made at page 5 of 8 of the said award which reads as under:

"E.ºÉZï.®PÀëöäuï ©£ï ºÉÆAUÀ¥ÀàgÀªÀgÀÄ 1-14 UÀÄAmÉ d«ÄãÀÄ CAwªÀÄ C¢ü¸ÀÆZÀ£É £ÀPÉëAiÀÄAvÉ ¨sÀƸÁé¢üãÀ¢AzÀ ºÉÆgÀvÀÄ¥Àr¹gÀĪÀ ¥ÀæzÉñÀªÁVgÀÄvÀÛzÉ".

submits that since the land belonging to the petitioner No.1 has been excluded, the petition does not survive for consideration.

3. Learned counsel for the petitioners at this juncture submits that the land which is excluded belongs to petitioner No.1 and petitioner No.2 does not have any interest in the properties acquired. He does not dispute the aforesaid statement found/made in the award dated 16.12.2015.

4. Land of petitioner No.1 is admittedly neither acquired nor included in the award. The same has been excluded from acquisition.

In that view of the matter, there is no requirement of quashing the notification. Accordingly, writ petition is disposed of.