P. K. KALBURQI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals by special leave are directed against the judgement and order of the High Court of Karnataka at Bangalore of 2.04.1998 in Writ Appeals Nos. 3939-40 of 1997. The appellant before us was the appellant before the High Court as well. The writ petitions giving rise to the appeals were filed by the Davangere Urban Development Authority, Respondent 2 herein challenging the notification published in the Official Gazette dated 22.12.1994 whereby a portion of the land acquired in the year 1979 for the formation of residential layout in the city of Davangere was released from acquisition.

(2.) The question which arises for consideration before us is whether, in the facts and circumstances of the case, the Government was justified in releasing a portion of the land from acquisition. While the appellant contends that the lands notified for acquisition and belonging to the appellant were not taken possession of by the State, it is contended on behalf of the Development Authority that possession of the lands in question was taken on 6.11.1985.

(3.) The High Court has recorded its reasons and reached the conclusion that in fact possession of the lands in question was taken by the Government on 6.11.1985. The appellant has challenged the correctness of this decision.