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2011 Supreme(Kar) 465

JAGDISH SINGH KHEHAR, ASHOK B.HINCHIGERI
Ranee Govindram Hassanand – Appellant
Versus
Chief Secretary of Karnataka Government of Karnataka – Respondent


Advocates appeared:
For the Appellant:Jayakumar S. Patil, Senior Advocate.
For the Respondent: B. Veerappa, AGA.

Judgment :-

1. These appeals are presented against the learned Single Judge’s order, dated 17.3.2011 passed in W.P. Nos.6549-6550/2011 (LA-KIADB).

2. The facts of the case in brief are that the appellant owned the lands standing at Sy.Nos.44 and 45 measuring 32 acres 37 guntas of Puttenhalli village, Yelahanka Hobli, Bangalore North Taluk. Those lands were compulsorily acquired and the compensation was awarded to the appellant. With the award-amount, the appellant purchased the land measuring 8 acres 18 guntas including 26 guntas of kharab land at Sy.No.46 of Puttenahalli village on 5.8.1985. However, those lands also came to be acquired vide preliminary notification, dated 25.11.1986 and final notification, dated 8.1.1987 for the purpose of maintaining the open space and greenery to control the effects of noise pollution and smoke emission and also to meet the standards laid by the Pollution Control Board. The acquisition was resisted by the appellant by filing W.P.No.15583/1988, which was dismissed by the learned Single Judge, by his order, dated 22.2.1990. Thereafter, the appellant approached the Division Bench by filing W.A.No.1694/1991, but without any rate of success. However



















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