High CourtsDIVISION BENCH

The Commissioner Bangalore Development Authority, & Anr. vs State of Karnataka By its Principal Secretary Urban Development Department, & Anr.

Karnataka High Court · Decided on 28 April 2017 · Citation: (2017) 04 KAR CK 0131

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.Dinesh Kumar
RESULT
Dismissed
CASE NUMBER
5098 of 2016 (LA-BDA)

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Judgment

7 paragraphs · 156 words
1.

The appeal is barred by limitation. The delay is of 720 days.

2.

As prayed for by Mr.G.S.Kannur, learned advocate appearing for the appellants, the appeal is taken up for preliminary hearing.

3.

The writ petitioner assailed a notification dated December 30, 2008, proposing to acquire the land for formation of a layout. The preliminary notification was issued on December 30, 2008. Thereafter, neither the final notification was issued nor possession was taken. Consequently, the Hon''ble Single Judge held that as within the reasonable time, no further action was taken, the proposal for acquisition got lapsed.

4.

We do not find any merit in the appeal.

5.

The application for condonation of delay in filing the appeal is dismissed. Consequently, the appeal is, also dismissed.

6.

In view of the dismissal of the appeal, the pending interlocutory application does not survive for consideration and is, also, dismissed.

7.

We make no order as to costs.