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2021 Supreme(Kar) 176

ALOK ARADHE, M.G.S.KAMAL
Annapurna Education Trust Represented By Its Chairman – Appellant
Versus
Commissioner Bangalore Development Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. C. Hanumantha Rao, Adv.,
For the Respondent: Mr. Murugesh V. Charati, Adv., Mr. C.M. Poonacha, Aga, Mr. Deepak, Adv.

JUDGMENT :

ALOK ARADHE, J.

In this intra court appeal, the appellant -Trust has assailed the validity of the order dated 11.06.2012 passed by the learned Single Judge. In order to appreciate the appellant’s challenge to the impugned order, relevant facts need mention which are stated hereinafter.

2. The lands measuring 6 acres and 31 guntas including land measuring 33 guntas of Survey No. 24 of Kothanur Village, Uttarahalli Hobli, Bangalore South Taluk (land in question) were notified for acquisition under section 17(1) of the Bangalore Development Authority Act, 1976 (hereinafter referred to as the 1976 Act', for short) vide notification dated 23.03.1988. Thereafter, a final notification under Section 19(1) of the 1976 Act was issued on 19.10.1994. The vendors of the appellant purchased the land in question on 27.09.1995 by 5 registered sale deeds. Thereafter, an award was passed on 28.09.1995. The possession of the land is stated to have been taken on 03.02.1996. The Trust appears to have filed an application to the State Government seeking withdrawal of the land from acquisit

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