O R D E R

Heard the learned Senior counsel Shri S.M.

Chandrashekar appearing for the counsel for the petitioner and the learned counsel for the respondent – BDA.

2. It is stated that the petitioner is the absolute owner of land bearing Sy.No.21/3 measuring 31 guntas of Hulimavu village, Begur Hobli, Bangalore South Taluk. The land was earlier said to be part of land bearing Sy.No.21/2 which totally measured 1 acre 11 guntas. The land had been purchased by the petitioner’s father in the year 1944. The said land was notified for acquisition under the provisions of the Bangalore Development Authority Act, 1976 (hereinafter referred to as ‘the BDA Act’, for brevity), for the purpose of formation of a residential layout known as Byresandra Tavarekere and Madiwala (BTM) 6th Stage Layout, as per the preliminary notification dated 8.9.1987, followed by a final notification issued on 28.07.1990. However, even after a lapse of more than 17 years from the date of the final notification, the land has not been utilized for the formation of the layout. The petitioner is said to have purchased the land on 3.2.2012, much after the final notification was issued.

3. It is stated by the learned Senior A