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2017 Supreme(Kar) 1221

B.S.PATIL, B.V.NAGARATHNA
Bangalore Development Authority – Appellant
Versus
Kumaran Children’s Home, Educational Council – Respondent


Advocates Appeared:
For the Appellant :Sri. Sachin B.S., Advocate.
For the Respondent:Sri. K.N. Phanindra, Advocate.

JUDGMENT :

These appeals are directed against the order dated 07/06/2016, passed by the learned single Judge in W.P.Nos.20193-20194/2016.

2. Learned single Judge has held that the acquisition proceedings have become inoperative and have stood lapsed insofar as the land bearing Sy.Nos.28/6 and 28/7, measuring 1 acre 13 guntas and 13 guntas respectively, situated at Doddakallasandra Village, Uttarahalli Hobli. These lands among other lands were notified for acquisition vide Preliminary Notification dated 17/11/1988 for the purpose of formation of J.P.Nagar 9th Stage Layout. This was followed by Final Notification dated 22/07/1991.

3. The main contention urged in the writ petition was based on the judgment rendered in similar case vide W.P.Nos.11022-24/2011 and other connected matters [Gautam Kamat Hotels Pvt. Ltd. vs. Bangalore Development Authority] disposed of on 08/08/2011, wherein the learned single Judge held that possession of the lands in question was indeed not taken over by the Bangalore Development Authority (BDA). The assertion made by the BDA in the said case, to the contrary had been negatived on the ground that the mahazar drawn was not in accordance with law and that ther






























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