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2021 Supreme(Kar) 172

P.B.BAJANTHRI
Umashankar – Appellant
Versus
Commissioner Bangalore Development Authority – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Reuben Jacob, Advocate (Noc)
For the Respondent:Sri. Srinivasa Gowda, Aga, Sri. Murugesh V. Charati, Advocate For Bda Sri. M. Karunakaran, Advocate, Sri. A.S. Ponnanna, Sr. Counsel For Sri. Arnav A. Bagalwadi, Advocate, Sri. K. Suman, Advocate, Sri. K.N. Krishna Rao, Advocate

ORDER :

In the instant petition, legal heirs of B.Doddamarappa have prayed for the following relief:-

    WHEREFORE the petitioner humbly prays this Hon'ble Court be pleased to set aside the award produced at Annexure-N along with preliminary notification bearing No.BDA/SALAO/C3.PR.301/77-78 dated 3rd November 1977 and final Notification bearing No.HUD 35 MNJ 78 dated 13 November 1980 and consequently sale deed produced at Annexure-R and S by issuing writ of mandamus. Issue such other writ or order or direction as deemed fit by this Honb'le Court with regard to the facts and circumstances of the case to secure the ends of justice.

2. Brief facts of the case are as follows:-

Respondent No.1 -Bangalore Development Authority (Herein after referred to as BDA, for short) initiated proceedings for acquisition of land for the purpose of formation of OMBR layout. On 03.11.1977 preliminary notification and on 13.11.1980 final notification was issued. Portion of survey numbers in Binnamangala Village had been identified by the officials of the Revenue Department and BDA. In the present case,

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