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2020 Supreme(Kar) 1274

M.I.ARUN
Savithramma – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
Jagadish P S, Advocate, Arun Kumar K, Advocate, M.V. Sundara Raman, Advocate, B.V. Krishna, Advocate, B.S. Sachin, Advocate, S.S. Nagananda, Advocate, N.N. Harish, Advocate

JUDGMENT

M.I.Arun, J. - Heard learned counsel for the parties.

2. This writ petition is filed challenging the acquisition of lands belonging to the petitioners by respondent No.2.

3. It is contended by the petitioners that they are the owners of 5 acres 16 guntas of land in Sy.No.136 and 1 acre 22 guntas of land in Sy.No.138/4 of Kadugondanahalli Village, Kasaba Hobli, Bengaluru North Taluk.

4. A preliminary notification under Section 17(1) & (3) of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act', for short) was issued on 29.05.1978 to acquire the said properties for the purpose of forming a layout called "Hennur Bellary Road II Stage" by respondent No.2. A final notification was issued on 28.02.1985 under Section 19 (1) of the Act. Thereafter, on 14.07.1988 an award was passed in respect of the properties situated in Sy.No.136 and on 28.06.1988 the award was passed in respect of the properties situated in Sy.No.138/4.

5. However, the properties in question were not included in the formation of the proposed layout and the respondent Nos.1 and 2 considered the proposal to denotify the lands in question. They also considered, to permit the petitione

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