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2010 Supreme(Kar) 1080

RAM MOHAN REDDY
Padmaraj – Appellant
Versus
The State of Karnataka – Respondent


Advocates Appeared:
For the Petitioners:Amresh S. Roja, Advocate.
For the Respondents:Shivakumar Tengli, AGA for R1–4, P. Vilaskumar, Advocates for R6.

JUDGMENT

RAM MOHAN REDDY, J

1. Petitioners either owners or tenants in possession of certain immovable properties located adjacent to the road from Jagat Circle to Humnabad Base in Gulbarga, aggrieved by the Notification dt.21.03.2010 Annexure-A issued under Section 17 R/w Section 4(1) of the Land Acquisition Act, 1894, for short the ‘Act’, proposing to acquire their properties, to with, for widening the road, on behalf of the 6th Respondent-Gulbarga City Municipal Corporation, for short ‘City Corporation’, by the State, in exercise of eminent domain power, have presented these petitions.

2. It is the assertion of the petitioners that in the year 2001 respondents made an attempt to acquire their properties by issuing a Notification under the Highway Act for formation of Bidar-Srirangapatna Highway, which when called in question in W.P.29360-386/2001 were disposed of by order dt. 9.10.2001 directing the petitioners to file their objections which when done, though the respondents withdrew the Notification, nevertheless by order dt. 18.12.2003 held that the petitioners had encroached upon the road. That order when called in question in a batch of writ petitions, this Court by order dt


















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