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2019 Supreme(Kar) 851

L.NARAYANA SWAMY, R.DEVDAS
A. Chandrashekar – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
Ashok Haranahalli, Adv., R.S. Hegde, Adv., S.S. Mahendra, Adv., D.N. Nanjunda Reddy, Adv., K. Krishna, Adv., M.N. Seshadri, Adv., B.C. Venkatesh, Adv., M.S. Rajendra, Adv., C. Narasimhachar, Adv., Gururaj B.M., Adv., N.M. Guruprakash, Adv.

JUDGMENT :

R. DEVDAS, J.

1. These appeals arise out of order dated 30.05.2011 in W.P.Nos.1222/2003.

2. The issue is whether the decision of a Coordinate Bench with respect to the very same parties, albeit with respect to different property, in the matter of Dr.A.Parthasarathy and Others Vs. State of Karnataka and Others, by its Principal Secretary, Urban Development Department, (2017) ILR(Kar) 3489, wherein the co-ordinate Bench held that the acquisition proceedings has lapsed after expiry of five years of the final declaration/notification under Section 19(1) dated 28.12.1982, is applicable to the facts and circumstances of these cases?

3. The lands in question are Sy.Nos.17, 25 and 28 of Bhoopasandra Village, Kasaba Hobli, Bangalore District. The extent of land in Sy.No.17 is 3 acres 7 guntas; 2 acres 30 guntas in Sy.No.25 and 3 acres 9 guntas in Sy.No.28. Preliminary notification under Section 17 of the Bangalore Development Authority Act, 1970 (for short 'BDA Act') was issued on 19.01.1978, whereas the final notification came to be issued on 28.12.1982. At different stages of the acquisition, the appellant-landlords have filed writ petitions, the details of which may not be necessa

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