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1998 Supreme(Kar) 382

A.J.SADASHIVA
GANAPATSA SHANKARSA KALBURGI – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
BASAVA PRABHU S.PATIL, K.H.JAGADISH, R.H.CHANDAN GOUDAR

A. J. SADASHIVA, J.

( 1 ) THE first set of these petitions are listed for preliminary hearing and the second set are posted for orders. With the consent of the learned Counsel appearing on both the sides, they are heard on merits and disposed of by this order.

( 2 ) ). The petitioners are stated to be the holders of agreements of sale executed by respondents 5 to 12 in their favour in respect of different sites in Sy. Nos. 403/2b, 408/2b+2a/2, 406/4, 392/2c+3b/3, 399/4, 396/2 and 397/3, 398/3+4/a, 499/1a+1b/2/1 and 15/1/1a+1b+2a+2b+2c situated in Unkal Village, Hubli Taluk. The aforesaid lands alongwith other lands were notified for acquisition pursuant to the scheme prepared by the third respondent. After complying with the provisions of Sections 17 (5) and 18, a declaration is also issued u/s. 19 (1) of the Karnataka Urban Development Authority Act, 1987. The owners of the aforesaid lands have formed sites and agreed to transfer the same in favour of the petitioners after the publication of the preliminary notification and receipt of notice u/s. 17 (5) of the Urban Development Authorities Act. The petitioners contend that, they are put in possession of respective sites agreed to b












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