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2012 Supreme(Kar) 471

K.L.MANJUNATH, V.SURI APPA RAO
State of Karnataka by the Secretary Department of Housing M. S. Building – Appellant
Versus
B. R. Muralidhar – Respondent


Advocates Appeared:
For the Appellants:S. Vijayshankar, Advocate, General along with P.V. Ravindranath, AGA.
For the Respondent:R1, R. Nataraj, Appearing for M. Shivaprakash, R2, V.J. Kumar, R3, D.L. Jagadeesh, R4, D.N. Nanjunda Reddy, SR. Counsel appearing for L.N. Chidanandaiah, Advocates.

Judgment

1. The State of Karnataka is questioning the legality and correctness of the order passed in W.P.Nos.22611/05, 20955/05 and 21192/05 passed on 20th September 2007 by the learned Single Judge, wherein the learned Single Judge while upholding the acquisition of the properties of the Writ Petitioners as valid has striked down Sec.20 of the Karnataka Slum Areas (Improvement and Clearance) Act, as unconstitutional and in further directing the Government the manner in which compensation has to be paid by following the provisions of sections-23 and 24 of the Land Acquisition Act.

2. Heard Sri. Vijay Shankar, learned Advocate General for the State, Sri, Nanjunda Reddy, learned senior counsel appearing for one of the respondent and Sri.V.Y.Kumar, learned counsel for the Slum Clearance Board.

3. Under section 17 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973, (hereinafter referred to as ‘Act’) the lands of the Writ Petitioners were acquired under a preliminary notification dt.14.10.1982. Final notification was issued 23 years later on 23rd June 2005. The final notification was questioned by the Land owners. While questioning the legality and correctness of the pre




























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