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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Allabaksh S/o Khajasab Lakkadahare – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash de-notification. (Para 1) |
| 2. history of land ownership and slum declaration. (Para 3) |
| 3. court approaches in evaluating de-notification legality. (Para 4) |
| 4. court's final decisions on the matter. (Para 6 , 7 , 8) |
ORDER :
1. The petitioner is before this Court seeking the following reliefs:
“A) Issue Writ in the nature of Certiorari by quashing the impugned de-notification vide ANNEXURE-Q dated: 22-04-2022 brg.No. VaE 135 KoMaE 2018 issued/passed by the Respondent No.1, in the interest of justice and equity.
B) Issue Writ in the nature of Mandamus and issue appropriate directions to the Respondents No.1, 3 to 7 to quantify and pay compensation to the Petitioner under Section 20 of the Slum Act in respect of slum notified lands belonging to Petitioner, ad-measuring 19 guntas/19772.90 sq.feet (totally 22 CTS Numbers) in Sy.No.5 out of totally measuring 2 Acres 26 Guntas of CTS Ward No.II (earlier Yallapur village), Bankapur Chowk- Walvekar Hakkal, Hubballi City at the earliest, in the interest of justice and equity.
C) Alternatively, direct the Respondents No.1, 3 to 7 to pay damages from the year 1976 to be quantified as this Hon'ble Court deems
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....
The government cannot de-notify land after possession is taken under the Slum Act without due process and must provide compensation to landowners.
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 ....
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