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1991 Supreme(Kar) 276

M.RAMA JOIS, S.R.RAJASEKHARA MURTHY
NARAYANA REDDY – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.S.Patil, C.R.V.SWAMY RAO, G.A.ACHARYA, G.KASTURI, G.S.VISHVESHVARA, Janardhan, K.SESHADRI, K.SHIVAJI RAO, K.SUBBA RAO, Kadidal Manjappa, M.G.Satyanarayanamurthy, M.PAPANNA, M.R.JANARDHAN, M.RAJGOPAL, M.Ranga Rao, M.S.SIDDHARAJU, M.SHIVA PRASAD, MADHURANATH PADAKI, N.D.R.Ramachandra Rao, N.S.Srinivasan, P.V.SHETTY, R.NAGENDRA NAIDU, S.CHANNARAYA REDDY, S.G.BHATT, S.L.Simha, S.Shivaram, S.SHIVASWAMY, S.V.SHASTRI, T.S.RAMACHANDRA RAO, V.N.SATHYANARAYAN, Y.R.JAGADISH, ZAHEDULLA MECCAI

RAMA JOIS, J.

( 1 ) IN these writ petitions, the petitioners have challenged the legality of the acquisition of land under the Provisions of the Land Acquisition Act ('the act' for short), in favour of certain house building co-operative societies, inter alia, on the ground that though apparently the acquisition of lands is stated to be for carrying out housing schemes sponsored by them for the benefit of their members, in truth, it is not so, and that the persons incharge of management of the society have joined hands with builders and contractors to do real estate business with the object of making enormous profit taking advantage of the demand for building sites in the city and inspite of the said factual position the state government has proceeded to acquire the land under the act and therefore the notifications arc liable to be quashed on the ground that it is an instance of colourable exercise of power.

( 2 ) EXCEPT for a few specific points raised, which are special to some of the petitions, there are general common questions of law and fact arising for consideration in these petitions and therefore they were heard together and are being disposed of by this common Order,

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