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2022 Supreme(Kar) 202

SURAJ GOVINDARAJ
Ravindra T. S/o Late Thimmappa – Appellant
Versus
State of Karnataka by its Secretary Department of Housing & Urban Development, Vikasa Soudha Bangalor – Respondent


Advocates Appeared:
For the Petitioners:Sri.A.S. Ponnanna, Sr. Counsel for Sri. Pavan Kumar. M.N, advocate
For the Respondents: Sri. Nithyananda.K.R, AGA, Sri. Ashok Haranahalli, SR. Counsel for Sri. T.P. Rajendra Kumar Sungay.

ORDER :

1. The petitioners are before this Court seeking for the following reliefs:

    a. Issue a writ in the nature of certiorari or any other writ to declare that the acquisition covered under the Preliminary notification issued on 8.9.1987 in No. BDA/ALAO/5/18/87-88 issued by the 2nd respondent as per Annexure-C and the final notification dated 28.7.1990 in No.HUD/231/MNX/90 as per Annexure-D issued by the 2nd respondent in related to lands of these petitioners are concerned, is lapsed in view of section 27 of the Bangalore Development Authority Act, 1976 for failure to implement the Schedule Substantially.

b. Issue an appropriate writ or order declaring that in view of Section 27 of the Bangalore Development Authority Act 1976, Section 36 of the said Act is inapplicable much less by virtue of Section 24[2] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 [Central Act No. 30 of 2013] the acquisition is deemed to have been passed even as against the respondent State is concerned.

c. Issue an appropriate writ or order directing the respondents not to meddle with the property right of the petitioners except in accordance w

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