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2004 Supreme(Kar) 676

N.KUMAR
GURUKRUPA CO-OPERATIVE HOUSING SOCIETY LIMITED, BANGALORE – Appellant
Versus
BANGALORE DEVELOPMENT AUTHORITY – Respondent


Advocates:
H.N.SHASHIDHAR, R.THARESHA, U.ABDUL KHADAR

N. KUMAR, J.

( 1 ) THE land bearing Sy. No. 22, measuring 1 acre 30 guntas and Sy. No. 23, measuring 18 guntas situated at Agrahara Dasarahalli, yeshwanthpur Hobli, Bangalore North Taluk, originally belonged to one sri Munikrishnappa. The erstwhile CITB notified the land for acquisition along with other lands and a preliminary notification came to be issued on 6-4-1961. It was followed by a final notification dated 19-12-1961. The owner of the land Munikrishnappa requested the BDA to denotify the said land and release the same to him for the purpose of formation of industrial area. The said application was considered by the citb and they did not proceed with the acquisition of the land. On the contrary, they entered into an agreement with the said Munikrishnappa on 12-12-1961 whereunder he was permitted to convert the land and also to form the industrial layout. He was called upon to pay the layout charges of Rs. 7,698/- which he paid on 11-12-1961. Munikrishnappa continued in possession of the aforesaid land and thereafter the khatha of the said land was made out in his name by Bangalore City corporation. However, CITB again included the said land in the final notification. Munikri





















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