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BDA LAPSED NOTIFICATION & SETTLED POSITION IN S NO 223/1 KODIHALLI HAL 2ND STAGE WITH STRUCTURES FOR MORE THAN 12 YEARS TITLE OF BDA STOOD EXTINGUISHED

 
 
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BDA LAPSED NOTIFICATION & SETTLED POSITION IN S NO 223/1 KODIHALLI HAL 2ND STAGE WITH STRUCTURES FOR MORE THAN 12 YEARS TITLE OF BDA STOOD EXTINGUISHED
by System Administrator - Saturday, 6 May 2017, 12:47 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: ). BDA cannot issue any notice of Eviction or Legal action as Gopal and others as perfected its title by adverse possession as it is in settled position for 34 Guntas in S No 223/1 Kodihalli HAL 2ND STAGEBangalore with structure since decades for more than 12 years consequently the title of BDA stood extinguished (If anyone, who has trespassed into BDA land or in unauthorized possession of BDA land, has put up a structure and completes and accomplishes the act of possession and continues in such settled possession asserting possession and ownership in himself, openly, peacefully and uninterruptedly to the knowledge of BDA, for more than 12 years, then it is possible for him to contend that he has perfected his title to such property by adverse possession and consequently the title of BDA stood extinguished as per Division Bench order Reported inJohn B. James And Others vs Bangalore Development Authority ... on 7 August, 2000 Equivalent citations: ILR 2000 KAR 4134, 2001 (1) KarLJ 364).BDA has no power to enforce the lapsed Acquisition notification in respect of S No 223/1 Kodihalli HAL 2ND STAGEBangalore consisting 34 Guntas. Wherefore BDA or its agents or its allottees has no power to disturb the peaceful possession and uninterrupted enjoyment of property of original owners or their legal heirs. As per Karnataka court orders citations the Acquisition notification in respect of S No 223/1 Kodihalli HAL2ND STAGEBangalore consisting 34 Guntas is considered to be lapsed and dead Acquisition notification is not enforceable. As per Section 19 of 1945 Act 'BOARD TO EXECUTE THE SCHEME WITHIN SEVEN YEARS - Where within a period of seven years from the date of the publication in the (Mysore Gazette) of the declaration under Clause (b) of Sub-section (1) of Section 18, the Board fails to execute the scheme, substantially the scheme shall lapse and the provisions of Section 27 shall become inoperative."The Preliminary Notification was dated 28.11.1959, Final Notification was dated 19.8.1964 and the Award according to the BDA was passed in LAC No 460 / 77 dated 04-09-78and a cheque was deposited in court on 06-03-1999 .But compensation was not paid till today to original owners or their legal heirs .The reason is, the Layout plan produced by the BDA along with Memo dated 17.9.2004 (filed in the Court on 20.9.2004) disclose that the same was approved vide BDA Resolution No. 184 dated 14.4.1976. When the lay-out plan itself was approved after long lapse of the period mentioned in Section 19 of 1945 Act, question of executing the scheme within the stipulated period does not arise at all. That apart, even according to the BDA, possession of the land in question was taken only on 28.12.1976, which is more than 12 years from the date of declaration made in the year 1964. Therefore, it has to be held that the scheme had lapsed under Section 19 of 1945 Act.The Preliminary Notification was dated 28.11.1959, Final Notification was dated 19.8.1964 and the Award according to the BDA was passed on 13.5.1969. However, possession of the land in question is claimed to have been taken on 28.12.1976. The B.D.A. Act came into force w.e.f. 20.12.1975 (received the assent of the Governor on 2.3.1976). Earlier to that, the City of Bangalore Improvement Act, 1945 (hereinafter called "1945 Act") was in force. The said Act governs the acquisition proceedings of the land in question. Section 19 of 1945 Act reads thus:" BOARD TO EXECUTE THE SCHEME WITHIN SEVEN YEARS - Where within a period of seven years from the date of the publication in the (Mysore Gazette) of the declaration under Clause (b) of Sub-section (1) of Section 18, the Board fails to execute the scheme, substantially the scheme shall lapse and the provisions of Section 27 shall become inoperative.".From the admitted facts and with reference to the above provision of the repealed Act, it should be held that the scheme was not executed within 7 years from the date of declaration. However, since the scheme is subsequently executed substantially, it has to be held that in so far as the land in question, the scheme had lapsed for non-execution of the same within 7 years as prescribed under Section 19 of the 1945 Act. The reason is, the lay -out plan produced by the BDA along with Memo dated 17.9.2004 (filed in the Court on 20.9.2004) disclose that the same was approved vide BDA Resolution No. 184 dated 14.4.1976. When the lay-out plan itself was approved after long lapse of the period mentioned in Section 19 of 1945 Act, question of executing the scheme within the stipulated period does not arise at all. That apart, even according to the BDA, possession of the land in question was taken only on 28.12.1976, which is more than 12 years from the date of declaration made in the year 1964. Therefore, it has to be held that the scheme had lapsed under Section 19 of 1945 Act.