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1995 Supreme(Kar) 299

B.PADMARAJ, S.RAJENDRA BABU
S. S. DARSHAN – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.V.ACHARYA RAO, E.A.K.FAIZULLA ALI, H.B.DATAR, K.G.SADASHIVAIAH, K.PARASARAN ATTORNEY, K.SACHINDRA KARANTH, K.VISHVANATHA RAO, NARAYANAPPA, PANKAJ SAWANT, R.N.NARASIMHA MURTHY, RAJANI IYER, S.G.SUNDARA SWAMY

S. RAJENDRA BABU, J.

( 1 ) THESE two petitions are filed challenging the legality of the acquisition of certain lands pursuant to notification dated 16-7-1994 as at Annexure-A issued under Sections 4 (1) and 17 of the Land Acquisition Act (L. A. Act) by respondent 2 and also the notification issued under Section 6 of the L. A. Act on 22nd august, 1994 issued by the 1st respondent-State. It is also prayed that Section 17 (1) of the L. A. Act be declared ultra vires and illegal. While Writ Petition No. 23530 of 1994 is filed by a company, the other petition is filed by one of the Directors thereof, who also own some part of the land.

( 2 ) IN Writ Petition No. 23530 of 1994, the lands are those comprised in Sy. Nos. 110/2, 115/2 and 115/3 which also bear house List No. 995/1 to 6 measuring in all about 1 acre situate in Pattandur Agrahara village of Bangalore South Taluk. The lands with which we are concerned in Writ Petition No. 25555 of 1994 are also situate in the same village comprised in Sy. Nos. 115/1, 110/1 and 111/2 measuring about 10 acres 36 guntas. It is stated that the land comprised in Sy. No. 110/1 measuring about 3 acres 1/ guntas is a garden land. So is the land compr



























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