LAWS(SC)-2012-2-14

BANGALORE CITY COOPERATIVE HOUSING SOCIETY LTD Vs. STATE OF KARNATAKA

Decided On February 02, 2012
BANGALORE CITY COOPERATIVE HOUSING SOCIETY LTD Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These appeals are directed against two sets of judgments and orders passed by the Division Benches of the Karnataka High Court whereby the acquisition of lands by the State Government for the benefit of the appellant was quashed. Civil Appeal Nos. 7425-26/2002 are directed against judgment dated 16.03.1998 passed by the High Court in Writ Appeal No. 9913/1996 and order dated 09.07.1999 passed in Civil Petition No. 366/1998. Civil Appeal Nos. 774-78/2005 are directed against judgment dated 06.02.2004 passed in Writ Appeal No. 4246/1998, C/W W.A. No. 6039/1998 and orders dated 11.02.2004 and 15.09.2004 passed in I.A. No. 1 for rectification in Writ Appeal No. 4246/1998, C/W W.A. No. 6039/1998 and Review Petition Nos. 166 and 170 of 2004, respectively.

(2.) Although, the High Court quashed the acquisition proceedings mainly on the grounds of violation of the provisions of the Land Acquisition Act, 1894 (for short, 'the 1894 Act') and the manipulations made by the appellant through the Estate Agent for acquiring the land, during the pendency of these appeals the parties filed voluminous papers and arguments were advanced by both the sides by relying upon those documents as also the records summoned by the Court from the State Government.

(3.) For appreciating the contentions of the parties in a correct perspective, it will be useful to notice the events which culminated in the acquisition of the lands belonging to the private respondents and others.