would point out that even according to the Government and the BDA, physical possession was with the GEF even after the date ... establish that even according to the State Government and the BDA, the physical possession of the subject lands always remained with the GEF even after
seen that defendant had taken symbolic
and paper possession not actual physical possession of the
suit property. Ex.P41 16 photos. I have perused ... land. Further BDA failed
to take possession. On material placed before the court it is
clear that BDA did not taken actual physical possession
title/possession. The settled rule is
that a plaintiff who seeks protection of possession and
injunction must prove title and/or actual possession ... deposed
allotment of site from the society to defendants, physical
possession, BDA khatha/ BBMP khatha at Ex.D.8 and Ex.D.9,
tax receipt
acquired by BDA.
26. The contention of plaintiff is that, although the land has
been acquired, BDA never took actual physical possession of
survey ... whether the defense
raised by BDA that such possession is unauthorized since
BDA had already taken physical possession of survey No.
208/1, is substantiated
allottee in physical possession by issuing possession certificate
and after the expiry of lease period on 03.07.2000, the BDA has
executed the registered sale deed ... allottee in physical possession by issuing possession certificate
and after the expiry of lease period on 03.07.2000, the BDA has
executed the registered sale deed
several persons, who are in possession of the
same. That the petitioner cannot claim to be in physical
possession of 32.342 guntas of land pursuant ... averred that they are in actual and physical possession
of their land as even as on date possession of the land has
not been taken
mahazar drawn was issued, no physical possession of
the properties was taken by the BDA and the petitioner
continued to be in possession ... therefore, it would not be open for the BDA
to claim that actual physical possession was taken.
The mahazar is a printed document, in which
evidence of having taken
physical possession and therefore would submit that neither is
the scheme implemented substantially nor has physical
possession been taken ... another inexplicable circumstance which
would not enable the BDA to demonstrate reliably that physical
possession of the land in question has been taken.
Consequently
hereinafter referred to as "2013 Act" for brevity),
the physical possession of the land not having been
taken admittedly, the very acquisition would ... line with the
statement of objections of the BDA that physical
possession had not been taken since it is built up and
there was resistance
contended that any further steps taken by
the BDA on the premise that the actual physical possession of
the land in question has been taken ... longer available to thwart the
BDA Act .
9. Further, the claim of the BDA as to physical
possession of the land in question having been
