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1991 Supreme(Kar) 169

S.MOHAN, SHIVARAJ V.PATIL
V. T. KRISHNAMOORTHY – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
BHOOPATHY NAIDU, C.SHIVAPPA, CARIAPPA ALVA, H.B.DATAR, K.BALAKRISHNA, R.N.NARASIMHA MURTHY, S.G.SUNDARA SWAMY, S.L.Simha

S. MOHAN, C. J.

( 1 ) THE short facts leading to this writ petition are as follows: - the property in question which is a building, is sought to be acquired for public purpose, to wit, for construction of hmt Ltd. Corporate head office administrative building and multi storeyed building for administrative office for the vysya bank Ltd. The acquisition is under the Land Acquisition Act, 1894, (hereinafter referred to as 'the act' ). Preliminary notification under Section 4 (1) of the act was issued on 19-6-1982 and was published in Karnataka gazette on 1-7-1982. During the statutory enquiry under Section 5-a, the objection was that the khatedar and' anubhavdar as notified in Section 4 (1) notification as v. t. padmanabhan mudaliar had died on 22-7-1980, and therefore the said notification was bad. This objection was overruled. Equally the other objection opposing the acquisition was also overruled. Thereafter the declaration under Section 6 (1) of the act was made on 19-2-1983 and was published in the gazette on 24-2-1983. The special land acquisition officer, thereafter, issued notice to the petitioners for filing the statement of claim, on 14-3-19s3. Without prejudice to the petit
















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