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2005 Supreme(Kar) 264

S.R.NAYAK
G. JAYARAMA REDDY – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.V.ACHARYA RAO, BASAVA PRABHU S.PATIL, DESHRAJ, SUNDARASWAMY RAMADAS, T.N.Ramesh, T.N.VISHVANATH

S. R. NAYAK, J.

( 1 ) A short question that arises for our consideration and decision in this appeal is whether acquisition of 1 acre 3 guntas of land comprised in Sy. No. 122 of Kodihalli, Varthur Hobli, Bangalore South Taluk (hereinafter shortly referred to as the 'schedule land') belonging to the appellant herein for a public purpose, to wit, for Golf-cum-Hotel Resort near airport should be sustained notwithstanding the fact that the acquisition of 38 acres 21 guntas of land acquired under the same notification has been condemned by a Division Bench of this Court as fraud on power and tainted by mala fide. The acquiring authority and the beneficiary of the acquisition would contend that the acquisition of the schedule land should be sustained notwithstanding the quashing of the notifications by the Division Bench of this Court with regard to 38 acres 21 guntas of land, on the ground of delay and laches on the part of the appellant in approaching this Court. On the other hand, it is the contention of the appellant that he has shown sufficient cause for the delay in approaching this Court for the relief. Alternatively, it was contended by the appellant that even assuming that the




























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