The High Court of Karnataka has quashed the notifications issued by the Bangalore Development Authority (BDA) 32 years ago to acquire around two acres of land in Hulimavu village as part of the scheme to form Byrasandra, Tavarekere, and Madivala (BTM) Layout.
The court also quashed the 2008 resolution passed by the BDA for allotting the two acres to the Police Department for constructing building for Hulivamu Police Station and the police quarters.
It was declared by the court that notification for acquiring two acres and four guntas of land situated at survey number 80/1 Bannerghatta Road, Bangalore South Taluk lapsed as the land was neither taken over by the government nor handed over to the BDA as per the provisions of the BDA Act.
Justice Suraj Govindaraj passed the order while allowing the petition filed by the legal heirs of the original owner of the land. The legal heirs had multiple rounds of litigation over acquisition since 1990.
The Court found that the BDA had not taken over the land while declining to accept the contention that original owner, Chikkapapaiah of the land had refused to accept the notice in 1993 on the award passed on acquiring the land.
The court noted that the original owner, Chikkapapaiah, had died in 1983 and it was his legal heirs who were contesting the acquisition since 1990.
It was noted by the court that legal heirs of the original land owner are in possession of the land. And the Police Department had given an undertaking to the court of not to put up any construction but use the land only for parking seized vehicle in view of pendency of litigations.
The preliminary notification to acquire several several of lands were issued in 1987 and the final notification was issued in 1990.
A few other parcels of lands notified for BTM Layout too have been declared as lapsed by the court earlier.
