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2. The petitioners claim to be the owners of the lands bearing Sy. Nos.17/1, 18, 19, 20 and 26 of Hennur Village, Kasba Hobli, Bengaluru in all, measuring 26 acres, 12 guntas, described as 'the scheduled property' in the writ petitions along with its boundaries. The said lands in the aforesaid Survey Numbers was the subject matter of land acquisition proceedings before the Bangalore Development Authority (hereinafter referred to as 'the BDA') for the purpose of formation of 'Arkavathi Layout' for which a Preliminary Notification dated 03.02.2003 was issued and the Final Notification dated 23.02.2004 came to be issued.

4. The Government had issued Preliminary Notification dated 03.02.2003 under sub-Sections (1) and (3) of Section 17 of the Bangalore Development Act, 1976 (for short, 'the BDA Act') proposed to acquire 3339 acres 12 guntas of land situated in various villages coming under Yelahanka, K.R. Puram and Kasba Hobli in Bangalore North and East Taluks situated in Bangalore District for the purpose of formation of 'Arkavathi layout', a development scheme by the BDA. Subsequently, a modified Preliminary Notification came to be issued on 16.09.2003 showing the extent of land proposed to be acquired as 3839 acres 12 guntas situated in Dasarahali, Byrathikane, Challakere, Geddalahalli, K Narayanapura, Rachenahalli, Thanisandra, Amruthhalli, Jakkur, Kempapura, Sampigehalli, Srirampura, Venkateshpura, Hennur, Hebbala and Nagavara. Thereafter, individual notices were issued as required under Section 17(5) of the Act to the landowners, pursuant to which several owners of land, which were sought to be acquired, filed objections/representations.

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dated 25.11.2005 passed by the Division Bench which would read as under:

"95. However, in W.P. No.25807/2004 the material on record is not sufficient to grant the relief sought for. Firstly the petitioners are only agreement holders. Though there is an award in their favour, the same is under challenge. Secondly, the said agreement is held to be invalid under the provisions of the Karnataka Land Reforms Act and the said order is also under challenge in appeal. Thirdly, the land owners are contesting the claim of the petitioner, and in fact they have filed memo before this Court stating that they have no objection for the acquisition. Though not much credence can be given to the said memo, still the title of the petitioners is to be established. Under these circumstances the proper course would be to direct the petitioners to approach the BDA with an application setting out their claim and the BDA shall decide the said claim on its merits in the light of what we have said above. If the BDA were to uphold the claim of the petitioners, then the lands covered in this Writ Petition would stand excluded from acquisition. If the claim is negatived, as the land owners have no objection for acquisition, the acquisition of the lands stand affirmed and the BDA would be at liberty to form the layout in the land as part of Arkavathi layout. Till such adjudication the BDA shall stay its hands."

(ii) In view of the above, the deleted lands in question stand restored to BDA for the purpose of formation of sites in Arkavathi Layout for allotment to the Applicants in waiting. BDA to take necessary steps to take over the lands and form Layout of sites. The sites so formed be reserved for allotment as alternate sites to the allottees of sites in Arkavathi Layout, whose allotment got disturbed on account of subsequent deletion under re-do exercise/de-notification of the lands;