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1997 Supreme(Kar) 294

H.L.DATTU
CHIKKAMUNIYAPPA REDDY MEMORIAL TRUST, BANGALORE – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
C.M.Desai, C.RAMAKRISHNAN, G.V.Ramaiah, K.Gopal Hegde, M.P.ESVARAPPA, S.CHENNARAYA REDDY, S.SHEKHAR SHETTY, S.VIJAYASHANKAR, THIPPERUDRAPPA

H. L. DATTU, J.

( 1 ) A public trust formed and registered on 7-3-1984 in the name and style chikkamuniyappa reddy memorial trust, bangalore represented by its president Dr. K. c. rajureddy is before this court primarily questioning the legality or otherwise of the notification in No. Hc. Pr. Alao 389 bda 76-77 issued under Section 19 (1) of the city improvement trust board act, 1945 ('the improvement act' for short) published in Karnataka gazette on 5-5-1977 and the final notification No. Hud 49 mnj 78, dated 14-5-1980 issued under sub-section (1) of Section 18 of the improvement ACT published in Karnataka gazette, dated 12-6-1980 insofar as they relate to acquisition of land bearing sy. No. 4/3 measuring 3 acres 4 guntas situated at kacharakanahalli village, bangalore north taluk. Incidentally, petitioner also seeks a writ of mandamus to direct the state government to take necessary action in pursuance of the resolution made by the 2nd respondent-bangalore development authority ('bda' for short) in No. 571/b, dated 7-8-1987.

( 2 ) BRIEFLY stated the facts are: petitioner-trust is formed and registered for public and charitable purposes. It was formed on 24-2-1984 and registered be




















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