Failure to substantially implement an acquisition scheme within the statutory period leads to the lapsing of the scheme. Furthermore, the authorities' non-compliance with mandatory procedures for taking possession of occupied land renders the acquisition proceedings unsustainable, regardless of the time elapsed, justifying judicial intervention.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF RESPONDENT AUTHORITIES IN THE MATTER OF ACQUISITION PERTAINING TO SY.NO.19 OF DODDAKALLASANDRA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK; TO ISSUE WRIT OF CERTIORARI & QUASH THE IMPUGNED NOTIFICATIONS AT ANNEXURE-L BEARING NO.BDA/SLAO/A4PR/257/88-89 DATED 17.11.1988 AND ANNEXURE M BEARING NO.HUD/553/MNX/90 DATED 22.07.1991

AND CONSEQUENTLY TO DECLARE THE ENTIRE NOTIFICATON AT ANNEXURE-L & M AS NULL & VOID WITH RESPECT TO PETITIONER SCHEDULE LAND FOR NOT COMPLYING THE PROCEDURE & ALSO LAPSE IN THE SCHEME OF 1988 AND ETC.,

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners are before this Court calling in question acquisition pertaining to Survey No.19 of Doddakallasandra Village, Uttarahalli Hobli, Bangalore South Taluk; the preliminary notification issued on 17-11-1988; the final notification issued 22-07-1991 and consequently seeking a direction by issuance of a writ in the nature of mandamus to the respondents - authorities not to disturb their possession in the subject property.

2. Heard Sri M. Shivaprakash, learned counsel appearing for the petitioners, Sri Seshu V., learned High Court Government Pleader appearing for respondent Nos.1, 3 and 5 and Sri Murugesh V. Charati, learned counsel appearing for respondent Nos.2 to 4.

3. Facts in brief, germane, are as follows:

3.1. The petitioners are the legal representatives of the deceased petitioner, who claimed to be the landless agriculturist and permanent resident of Doddakallasandra, Uttarahalli Hobli, Bangalore South Taluk for generations. In this order, reference to ‘petitioner’ would be reference to the ‘deceased petitioner’. It is the averment in the petition that the petitioner, to eke out his livelihood, cultivated certain land by taking possession of Government kharab land in Survey No.19 in the year 1960 and has developed the land by setting up a small garden and dwelling house in the said survey number as described. The land bearing Survey No.19 in total measures 4 acres 10 guntas, out of which, 2 acres and 10 guntas was in occupation at the hands of the petitioner and the remaining was in the possession of one Smt.Kempamma. The revenue records and other contemporaneous documents show that the petitioner was in possession and occupation of the said land. It is the averment in the petition that the then State of Mysore notified a scheme known as ‘Thakararu Takte’, wherein the revenue authorities would collect tax for utilisation of Government land. The petitioner then submitted an application seeking cultivation of Government land under Bagair Hukum scheme. On the said application, the revenue authorities have issued several notices to the petitioner since 1972 up to 1991.

3.2. When things stood thus, a preliminary notification comes to be issued by the Bangalore Development Authority (for short ‘BDA’), for the purpose of acquisition of several parcels of land for formation of Jayaprakash Nagar (for short, ‘J.P. Nagar’) 9th stage on 17-11-1988. On receipt of objections and consideration thereof, a final notification was issued on 22-07-1991. Long thereafter, the land in Doddakallasandra village is agreed to be transferred to Bruhat Bengaluru Mahanagara Palike (for short ‘BBMP’) to an extent of 2 acres in Survey No.19. Twenty years after the final notification so issued on 22-07-1991, an award notice is issued by the Land Acquisition Officer in r