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2004 Supreme(SC) 1042

SHIVARAJ V.PATIL, B.N.SRIKRISHNA
B. E. M. L. Employees House Building Co-operative Society LTD. – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

Srikrishna, J.-The judgment of the Division Bench of the Karnataka High Court dismissing the writ appeal of the appellant is impugned here.

2. The appellant is a cooperative society of the employees of a public sector company known as Bharat Earth Movers Limited in Bangalore. The appellant society moved the State Government for acquisition of land for the purpose of construction of residential houses for its members. The State Government decided to acquire a large tracts of land inclusive of land in Survey No. 11 of Thubarahalli Village, Verthur Holli, Bangalore South Taluka. We are only concerned here with fifth Respondent (G. Ramaiah Reddy), whose land to an extent of 1 acre 30 guntas in Survey No. 11 was also acquired by the Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called the Act ) issued on 26.3.1990. Several land owners including the fifth Respondent filed objections to the proposal of acquisition of their lands. One of the grounds urged by the fifth Respondent was that he had put up houses on his land proposed to be acquired and also that he had sunk a bore well on it. An enquiry was held under Section 5A of the Act by the Speci

















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