SUBRAMANIM Vs. UNION OF INDIA
LAWS(KAR)-1995-10-27
HIGH COURT OF KARNATAKA
Decided on
October 12,1995
S.VASUDEVA,SUBRAMANIM,B.V.REDDY
Appellant
VERSUS
UNION OF INDIA,STATE OF KARNATAKA
Respondents
Referred Judgements :-
REGINA V COMMISSIONER OF POLICE OF METROPOLIS,EX PARTE BLACKHORN [FOLLOWED ON]RONDEL V W. LOW [FOLLOWED ON]
RONDEL V WORALY [FOLLOWED ON]
P. PERUMAL AND OTHERS V STATE OF TAMIL NADU AND OTHERS [FOLLOWED ON]
PHILIP JEYASINGH V THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHIDAMBARANAR REGION,TUTICORIN AND OTHERS [FOLLOWED ON]
P.KANNAN V TAMILARASAN AND OTHERS [FOLLOWED ON]
H.M.T. HOUSE BUILDING CO-OPERATIVE SOCIETY V SYED KHADER AND OTHERS [FOLLOWED ON]
LAKSHMANNANNA V STATE OF KARNATAKA,W.P. NO. 19812 OF 1990 [REFERRED TO]
ANNAIAH V STATE OF KARNATAKA,W.A. NO. 2605 OF 1991 [REFERRED TO]
SOMAWANTI 0M PARKASH ATMA RAM CHODHA VS. STATE OF PUNJAB [REFERRED TO]
CO OPERATIVE CENTRAL BANK LIMITED VS. ADDITIONAL INDUSTRIAL TRIBUNAL ANDHRA PRADESH [FOLLOWED ON]
E P ROYAPPA VS. STATE OF TAMIL NADU [FOLLOWED ON]
STATE OF GUJARAT VS. MUSAMIYAN IMAM HAIDER BUX RAZVI:CHIMAN LAL PERSHOTTAM DAS PATEL:DOONGERSEE AND SONS:GOSWAMI SHRI VRAJRAIJI RANCHHODLAL JI:MUSAMIGAN IMAM HAIDER BUX RAZVI:DOONGERSEE AND SONS [FOLLOWED ON]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [REFERRED TO]
HARI SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
FORWARD CONSTRUCTION CO MUNICIPAL CORPORATION OF GREATER BOMBAY PRABHAT MANDAL VS. PRABHAT MANDAL REGD ANDHERI:PRABHAT MANDAL:MUNICIPAL CORPORATION OF GREATER BOMBAY [REFERRED TO]
CHATTANYA KUMAR VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF MADHYA PRADESH VS. NANDLAL JAISWAL [FOLLOWED ON]
HEM LALL BHANDARI VS. STATE OF SIKKIM [FOLLOWED ON]
SACHIDANAND PANDEY VS. STATE OF WEST BENGAL [FOLLOWED ON]
SHEELA BARSE VS. UNION OF INDIA [REFERRED TO]
SUB COMMITTEE ON JUDICIAL ACCOUNTABILITY RAJ BIRBAL VS. UNION OF INDIA [FOLLOWED ON]
M SANKARANARAYANAN IAS VS. STATE OF KARNATAKA [FOLLOWED ON]
RAMJAS FOUNDATION VS. UNION OF INDIA [REFERRED TO]
P CHINNANNA VS. STATE OF ANDHRA PRADESH [REFERRED TO]
BAJIRAO T KOTE VS. STATE OF MAHARASHTRA [FOLLOWED ON]
STATE OF MAHARASHTRA VS. DIGAMBAR [FOLLOWED ON]
IDEAL HOMES CO OPERATIVE BUILDING SOCIETY LTD VS. P I JOSEPH [FOLLOWED ON]
GURUPADAPPA VS. DEPUTY REGISTRAR OF CO OP SOCIETIES [FOLLOWED ON]
KHODAY BREWING DISTILLING INDUSTRIES P LTD VS. STATE OF KARNATAKA [FOLLOWED ON]
C LAKSHMIAH REDDIAR VS. SRI PERUMBADUR TALUK CO-OPERATIVE MARKETING SOCIETY LTD [FOLLOWED ON]
NARAYANA RAJU VS. STATE OF KARNATAKA [REFERRED TO]
NARAYANA REDDY VS. STATE OF KARNATAKA [REFERRED TO]
BEHROZE RAMYAR BATHA VS. SPECIAL LAND ACQUISITION OFFICER BANGALORE [REFERRED TO]
SURVODAYA MILLS WORKERS UNION VS. STATE OF KARNATAKA [REFERRED TO]
WORKMEN KAMPLI CO OPERATIVE SUGAR FACTORY LIMITED VS. MANAGEMENT OF KAMPLI CO OPERATIVE SUGAR FACTORY LIMITED [FOLLOWED ON]
R J MEHTA VS. HIS LORDSHIP THE CHIEF JUSTICE VENKAT SHRINIVAS DESHPANDE [FOLLOWED ON]
Cited Judgements :-
HANUMAKKA VS. STATE OF KARNATAKA [LAWS(KAR)-1996-9-4] [REFERRED TO]VYALIKAVAL HOUSE BUILDING CO OPERATIVE SOCIETY BANGALORE VS. PUTTAMMA [LAWS(KAR)-1998-1-11] [REFERRED TO]
BANGALORE CITY COOPERATIVE HOUSING SOCIETY LTD VS. STATE OF KARNATAKA [LAWS(SC)-2012-2-14] [REFERRED TO]
RAJAPPA, SON OF LATE SONNAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2014-2-427] [REFERRED TO]
JUDICIAL LAYOUT RESIDENTS AND SITE HOLDERS ASSOCIATION (REGD.), GKVK POST, BANGALORE VS. BANGALORE DEVELOPMENT AUTHORITY, BANGALORE AND OTHERS [LAWS(KAR)-2016-6-163] [REFERRED TO]
JUDGEMENT
K.S.Bakthavatsalam, j. -
(1.)these writ petitions are preferred against certain acquisition
of lands made under the Land Acquisition Act, 1894 (in short
"the l.a. act") for the Karnataka state judicial department
employees' house building co-operative society limited, high
court building, Bangalore. The first two of these writ petitions
are filed styling to be public interest litigation by two practising
advocates of this court and the third one is filed by an owner of
a piece of land involved in the acquisition.
(2.)the facts leading to the filing of these writ petitions can'be stated thus the Karnataka state judicial department employees' house building co-operative society (in short "the society") was registered under the Karnataka Co-Operative Societies Act, 1959 on 11-8-1983. It seems the members of the society includes the members of the judicial department, members of the subordinate judiciary and also certain sitting, transferred and retired judges of this court. It seems the society originally made an agreement with individual owners for purchase of land, but ultimately it decided to request the government to initiate proceedings for acquiring the lands under the land acquisition act. Notification under Section 4(1) of the Land Acquisition Act was published in the gazettee on 18-2-1988. It was published in the local newspapers "sanjevani" and "samyukta karnataka" on 12-2-1988 and 13-2-1988. Public notice under Section 4(2) was published in the village chavadi on 14-3-1988. Declaration under Section 6 was published in the gazettee on 27-2-1989. declaration under Section 6 was published in the local news-papers "sanjevani" and "prajavani" was on 25-2-1989 and 1-3-1989. Publication in the village chavadi was done on 15-3-1989. Award came to be passed on 13-3-1991. Under this acquisition an extent of 159 acres 261/4 guntas of land in the village allalasandra were acquired.
(3.)subsequent to the formation of the society it seems the society entered into an agreement with one M/s. Devatha builders on 12-11-1986 long before the notification under section 4(1) of the Land Acquisition Act was published in the gazettee. it is also seen from the records that the government has approved the acquisition of the lands for the society on 30-8-1985. The Bangalore development authority (in short "bda") has approved the layout on 28-11-1992 and it seems the allotment of sites has been made by the society (1700 sites) on 4-1-1993. At this stage these writ petitions came to be filed before this court.
(2.)the facts leading to the filing of these writ petitions can'be stated thus the Karnataka state judicial department employees' house building co-operative society (in short "the society") was registered under the Karnataka Co-Operative Societies Act, 1959 on 11-8-1983. It seems the members of the society includes the members of the judicial department, members of the subordinate judiciary and also certain sitting, transferred and retired judges of this court. It seems the society originally made an agreement with individual owners for purchase of land, but ultimately it decided to request the government to initiate proceedings for acquiring the lands under the land acquisition act. Notification under Section 4(1) of the Land Acquisition Act was published in the gazettee on 18-2-1988. It was published in the local newspapers "sanjevani" and "samyukta karnataka" on 12-2-1988 and 13-2-1988. Public notice under Section 4(2) was published in the village chavadi on 14-3-1988. Declaration under Section 6 was published in the gazettee on 27-2-1989. declaration under Section 6 was published in the local news-papers "sanjevani" and "prajavani" was on 25-2-1989 and 1-3-1989. Publication in the village chavadi was done on 15-3-1989. Award came to be passed on 13-3-1991. Under this acquisition an extent of 159 acres 261/4 guntas of land in the village allalasandra were acquired.
(3.)subsequent to the formation of the society it seems the society entered into an agreement with one M/s. Devatha builders on 12-11-1986 long before the notification under section 4(1) of the Land Acquisition Act was published in the gazettee. it is also seen from the records that the government has approved the acquisition of the lands for the society on 30-8-1985. The Bangalore development authority (in short "bda") has approved the layout on 28-11-1992 and it seems the allotment of sites has been made by the society (1700 sites) on 4-1-1993. At this stage these writ petitions came to be filed before this court.
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