2013 (2) AKR 858 ::AIR 2013 (NOC) (SUPP) 962 (KAR.)

Karnataka High Court

Hon'ble Judge(s): Ram Mohan Reddy , J

(A) Land Acquisition Act (1 of 1894) S. 16 — Taking of possession — Proof — Possession Mahazaar was in cyclostyled form while blanks were filled up in hand written stating that possession was taken over in presence of five signatories whose name and addresses were not forthcoming — In absence of identity of said witnesses being established Mahazaar cannot be said to have been drawn in exercise of jurisdiction under S 16 of Act — Also neither Mahazaar nor pleadings disclose that notices were issued to petitioner owner calling upon him to deliver vacant possession of acquired land — Moreover RTC Phani disclosed name of petitioner as owner even in year 2009-10 and did not disclose BDA having been in possession — Against column ' nature of cultivation' ‌ it is shown as self hence belying plea that BDA was in possession of land — Taking over possession of lands belonging to petitioner by BDA, not proved (Para 13,15)

(B) Bangalore Development Act (12 of 1976) S. 27, 19, 16 — Acquisition proceeding — Implementation of scheme — BDA unable to implement scheme in entire extent of land proposed to be acquired but had done so only in part of land which was not even l/3rd of scheme — Though preliminary notification and final notification were issued during year 1990 onwards nevertheless till 2009, when notification under S 16(2) was issued, nothing appreciable was done for over two decades — Long lapse of time in not implementing scheme only demonstrates dereliction of statutory duties without justification by BDA — Proceedings thus smacks of lethargy, negligence and dereliction of duty — But after sites were formed in nine other villages by utilizing extent of lands acquired and possession taken over, those sites were allotted to and most of allottees having put up construction of buildings, therefore, it would not be appropriate to hold that scheme was not substantially implemented and hence lapsed — In circumstances, scheme liable to be declared inactive over petitioners land in question (Para 20,21,22) .....