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2011 Supreme(Kar) 444

B.V.NAGARATHNA
M. Doddaiah – Appellant
Versus
State Of Karnataka By Its Principal Secretary To Revenue Department – Respondent


Advocates appeared:
For the Petitioners:Vijayashankar, Senior Counsel & R.S. Hegde, Advocate. For the Respondents:R1 to R3 - Venkatesh.H. Dodderi, AGA R4 - K. Suman, U. Abdul Khader, S.V. Srinivasan Advocates.

Judgment:-

1. In these writ petitions, the petitioners are essentially challenging the acquisition of lands for the benefit of the respondent-society by assailing the preliminary notification dated 22.12.1984/3.1.1985, published in the Karnataka Gazette on 4.1.1985 and final notification dated 21.2.1986, published in the gazette on 24.2.1986, issued by the State Government under Section 4(1) and 6(1) of the Land Acquisition Act, 1894, (hereinafter referred to as the ‘Act’).

2. In W.P.No.41876/04, the petitioner has challenged the approval of the layout plan granted by the second respondent-Bangalore Development Authority (hereinafter referred to as ‘BDA’). A declaration is also sought that the acquisition is vitiated on account of colourable exercise of power and the same is not for a bonafide purpose and a prayer for quashing the absolute sale deeds dated 3.12.2003, 4.12.2003 and 19.3.2004 which are produced as Annexure-X, Y & Z respectively.

3. W.P.No.25394/04 is filed seeking quashing of the resolution No.156/2003 dated 12.9.2003 Annexure-J passed by the second respondent approving the layout plan in respect of the respondent-society insofar it relates to property bearing No.77/



































































































































































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