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1998 Supreme(SC) 240

S.B.MAJMUDAR, J.JAGANNADHA RAO
Mariyappa – Appellant
Versus
State of Karnataka – Respondent


Judgment

M. Jagannadha Rao, J. - Leave granted.

2. The appellants have filed this appeal against the judgment of the High Court of Karnataka in Writ Appeal Nos. 8451-53 of 1996 dated 11.6.1997 by which, the High Court dismissed the Writ appeals and confirmed the judgment of the learned Single Judge in Writ Petition Nos. 23657 to 23659 of 1992 dated 23.7.1996. In so doing, the High Court fol­lowed the judgment of a Division Bench in Writ Appeal No. 1821 of 1995 dated 10.6.1997 (Iswarappa & Another v. The Deputy Commissioner, Dharwar & Others) whereby the judgment in Writ Petition No. 16302 of 1987 dated 23-3-95 was affirmed.

3. The point concerns the applicability of Section 11-A of the Land Acquisition Act, 1894 (hereinafter called the Central Act, 1894) for the purposes of the Karnataka Acquisition of Land for House Sites Act, 1972 (hereinafter called the Karnataka Act, 1972) (Act 18 of 1973). Appellants contend that the new Section 11-A is attracted to proceed­ings for land acquisition under the Karnataka Act, 1972 while the respondents contend that the Section 11-A is not so attracted. The High Court has held, in the above decisions that Section 11-A is not attracted to the Karnata



















































































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