TMI Blog2016 (12) TMI 1853X X X X Extracts X X X X X X X X Extracts X X X X ..... isition having not been completed, no award having been passed nor possession of the land having been taken for the last three decades, the entire acquisition proceedings stand lapsed as having been abandoned by the BDA and the State Government - the principle that transferee of land after the publication of preliminary notification cannot maintain a writ petition challenging the acquisition, cannot be made applicable to a case where the acquisition itself has been abandoned and has stood lapsed due to efflux of time on account of the omission and inaction on the part of the acquiring authority, particularly because, it is because of the lapse of time and the abandonment of acquisition, right accrues to the original owner to deal with his property including by way of sale and the purchaser will acquire right to protect his interest. It is hereby declared that the acquisition proceedings in respect of land bearing Sy. No. 44/7 measuring 7 guntas of Bommanahalli village, Bengaluru North Taluk, have stood lapsed and have been abandoned - Petition allowed. - W.P. Nos. 10286-291/2014 (LA-BDA) - - - Dated:- 5-12-2016 - B.S. Patil, J. For Appellant: Jayakumar S. Patil, Sr. Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... executing sale deed dated 06.05.1996 in favour of petitioner No. 1. After purchase of the property, petitioner No. 1 has continued to be in peaceful possession and enjoyment of the land. He has got his name entered in the revenue records and has been dealing with the property. 5. It is asserted by the petitioner that he has constructed a residential house and has been residing in the same by paying tax regularly to the authorities. Petitioners have produced photographs to show the nature of development made in the property. These photographs produced at Annexures-F, F1, F2 F3 disclose that petitioner has put up residential building over the property and has developed the same considerably. It is also necessary to notice that no award has been passed and possession of the land has not been taken. To substantiate this aspect, petitioners have placed reliance on the communication dated 30.01.2014 issued by the State Government addressed to the Commissioner, BDA, asking for reason why no award was passed in respect of Sy. No. 44/7 measuring 7 guntas. This letter is produced at Annexure-G. In reply, BDA has written to the State Government stating that possession of the land was no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le manner and reasonable exercise of power includes exercise of the same within a reasonable period. He also points out with reference to the aforementioned judgments, particularly from the judgment in Smt. Nagu Bai's case that though the subsequent purchasers cannot normally maintain challenge to the acquisition proceedings, but in a matter where declaration is sought regarding lapse of acquisition due to expiry of period prescribed or due to lapse of reasonable period within which award was required to be passed, there would be no bar for the subsequent purchaser to maintain the writ petition seeking declaration in that connection. Reliance is also placed on the judgments in the case of SANTOSHKUMAR SHIVGONDA PATIL ORS. VS. BALASAHEB TUKARAM SHEVALE ORS. - (2009) 9 SCC 352; SHIVAPPA VEERAPPA MASUR VS. MALLIKARJUNA MURUGARAJENDRA SWAMIJI ANR.1 9-7 8 (1) KAR.LJ 479; and M/s. S.B. GURBAKSH SINGH VS. UNION OF INDIA ORS. - AIR 1976 SC 1115, particularly, to emphasize the position in law that even if no time is prescribed in law for exercising the statutory duty cast on the authority, the same has to be exercised within a reasonable period. 9 . Learned Counsel appearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutory right which has been constitutionally recognized as per Article 300A to get compensation for the acquired land. He cannot be deprived of his right to get just and fair compensation within a reasonable period because of the negligence or omission on the part of the beneficiary of the acquisition or the acquiring body. 13. So far as owner of the land is concerned, he is not concerned about the inaction of any of the officers of the BDA or lack of communication between the BDA and the State Government with regard to passing of the award and the steps to be taken in that regard. His rights have to be examined from the stand point of his entitlement in law and the corresponding duty cast on the authorities to pass the award. Viewed from this angle, by no stretch of imagination, it can be said that BDA has acted in a reasonable manner in not passing the award for the last three decades. 14. Indeed, it is necessary to notice here that this is not a simple case where challenge is made to the acquisition by the subsequent purchaser and therefore, it has to be held that writ petition cannot be maintained. The owners of the land have waited for 10 years after the final notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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