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2008 Supreme(Kar) 161

CHIDANANDA ULLAL, H.N.NAGAMOHAN DAS
The Commissioner, Bangalore Development Authority – Appellant
Versus
Addi Housing Industries Limited – Respondent


Advocates:
Advocate appearing for:
Appellant: Sri Nanjunda Reddy, Senior Counsel for Smt. Mala N.D. Adv.
Respondents:Sri G.V. Shantharaju, Senior Counsel, for M/s. Kesvy and Co., Advocate for Respondents -1 and 2 Sri Ashok Haranahalli, Adv.

Judgment

Nagamohan Das, J.

These appeals are directed against the common Judgment and Decree dated 30.11.2004 in O.S. No.1703/03 to 1707/2003 passed by the City Civil Judge, Bangalore City partly decreeing the suits granting decree of permanent injunction.

2. The Appellant in these appeals was the defendant and the respondents were the plaintiffs before the Trial Court. In this Judgment the parties are referred to their status before the Trial Court.

3. As we see the subject matter in these appeals is 3 Acres 36 guntas in Sy.No.10/3 of Gangenahalli (hereinafter for the sake of convenience called as ‘Schedule land’). As on 8.12.1977 the notified khatedars of the schedule land were Smt. Byakka, Jarakamma, M.N. Ramaswamy, S.V. Indiramma, K. Kamaraj, Honnamma and G.P. Padmavathamma. On 16.3.1976 the defendants issued a notification under Section 17(1) and (3) of the Bangalore Development Authority Act, 1976 (for short called as ‘BDA Act’) for acquisition of certain lands including the schedule land for formation of layout called Matadahalli Layout.

4. On 30.11.1977 a final notification under Section 19(1) of the BDA Act was issued, on 16.9.1978 an award came to be passed and the awar



































































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