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H. P. SANDESH
Ningappa s/o. Mallappa Walikar @ Talwar – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
(PER: HON’BLE MR. JUSTICE H.P. SANDESH)
1. Heard the petitioners’ counsel and also the learned AAG appearing for the respondents.
2. The prayer sought in Writ Petition No.101473/2023 is to issue it in the nature of certiorari quashing the notification bearing No.VaE/113/SBM2020 Bengaluru dated 11.04.2022 issued by respondent No.1 insofar as the petitioner is concerned in respect of the land bearing Survey No.37/2 vide Annexure-K and also issue a writ in the nature of mandamus directing the respondents to take further steps pursuant to the notification dated 16.11.2018 bearing No.VaE-134- KoME-2018 passed by respondent No.1 vide Annexure-E and grant such other reliefs as deems fit in the circumstances of the case.
3. The petitioners in writ petition No.104671/2023 prayed this Court to quash the impugned notification bearing No. VaE113 SBM 2020, Bengaluru, date 11.04.2022 vide Annexure-L issued by respondent No.1; to issue writ in the nature of certiorari by quashing the impugned report bearing No.Ashraya/VeVa-03/2021-22, dated 23.03.2022 vide Annexure-H submitted by the respondent No.6 Assistant Commissioner; to issue writ in the nature of certiorari by quashing the impugned rep
The government cannot de-notify land after possession is taken under the Slum Act without due process and must provide compensation to landowners.
De-notification of lands acquired under the Slum Act without compensation is illegal under constitutional law, highlighting the state's obligation to ensure basic living standards and property rights....
Point of law: Co operative society - Encroachment of Land - Right to fair compensation - Concept of equity, justice and good conscience is part of Indian law and can be applied by the Courts in certa....
The main legal point established in the judgment is that once land is acquired by the State Government under the Maharashtra Slum Areas Act, it vests absolutely in the State Government free from all ....
The authority to withdraw land acquisition ceases once possession is taken, necessitating fair hearing protections.
The lack of physical possession and non-payment of compensation void acquisitions under urban land ceiling laws, entitling landowners to compensation under newer frameworks.
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