THE SECRETARY, THE KARNATAKA GOVERNMENT CLASS D EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED Vs. SUSHEELAMMA AND ORS.
LAWS(KAR)-2016-4-9
HIGH COURT OF KARNATAKA
Decided on
April 05,2016
Secretary, The Karnataka Government Class 'D' Employees House Building Co -Operative Society Limited
Appellant
VERSUS
Susheelamma And Ors.
Respondents
Referred Judgements :-
AFLATOON BAHADUR ABDULRASHID NURUDDIN BAHADUR AFLATOON VS. LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI [REFERRED TO]BALWANT NARAYAN BHAGDE BALWANT NARAYAN BHAGDE VS. M D BHAGWAT:THE PUNJABRAO KRISHI VIDYAPEETH AKOLA [REFERRED TO]
GENERAL GOVERNMENT SERVANTS COOPERA TIVE HOUSING SOCIETY LTD VS. WAHAB UDDIN:SOBHRAJ:KEDAR NATH [REFERRED TO]
S P CHENGALVARAYA NAIDU VS. JAGANNATH [REFERRED TO]
STATE OF MAHARASHTRA VS. PRABHU [REFERRED TO]
ANDHRA PRADESH STATE FINANCIAL CORPORATION A P STATE FINANCIAL CORPORATION VS. GAR RE ROLLING MILLS:KOTA SUBBA REDDY [REFERRED TO]
H M T HOUSE BUILDING COOPERATIVE SOCIETY VS. SYED KHADER [REFERRED TO]
STATE OF RAJASTHAN VS. D R LAXMI [REFERRED TO]
GRAM PANCHAYAT OF VILLAGE NAULAKHA VS. UJAGAR SINGH [REFERRED TO]
BANK OF INDIA VS. AVINASH D MANDIVIKAR [REFERRED TO]
VYALIKAVAL HOUSE BUILDING CO OP SOCIETY VS. V CHANDRAPPA [REFERRED TO]
SWAIKA PROPERTIES PVT LTD VS. STATE OF RAJASTHAN [REFERRED TO]
OM PARKASH VS. UNION OF INDIA [REFERRED TO]
ASSISTANT COMMISSIONER COMMERCIAL TAX DEPARTMENT VS. SHUKLA AND BROTHERS [REFERRED TO]
MEGHMALA VS. G NARASIMHA REDDY [REFERRED TO]
PRAHLAD SINGH VS. UNION OF INDIA [REFERRED TO]
ROYAL ORCHID HOTELS LIMITED VS. G JAYARAMA REDDY [REFERRED TO]
BANGALORE CITY COOPERATIVE HOUSING SOCIETY LTD VS. STATE OF KARNATAKA [REFERRED TO]
BEHROZE RAMYAR BATHA VS. SPECIAL LAND ACQUISITION OFFICER BANGALORE [REFERRED TO]
RAMACHANDRAPPA VS. STATE OF KARNATAKA [REFERRED TO]
G JAYARAMA REDDY VS. STATE OF KARNATAKA [REFERRED TO]
MUNIYAMMA VS. STATE OF KARNATAKA [REFERRED TO]
MEENAKSHI THIMMAIAH VS. STATE OF KARNATAKA [REFERRED TO]
HARAKCHAND MISIRIMAL VS. COLLECTOR OFFICE [REFERRED TO]
JASWANT SINGH VS. STATE OF HARYANA [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]
BALAJI NAGAR RESIDENTIAL ASSOCIATION VS. STATE OF TAMIL NADU [REFERRED TO]
SITA RAM VS. STATE OF HARYANA [REFERRED TO]
MAGNUM PROMOTERS P. LTD. VS. UNION OF INDIA [REFERRED TO]
RAM KISHAN VS. STATE OF HARYANA [REFERRED TO]
JUDGEMENT
Budihal R.B., J. -
(1.)The above appeals are preferred praying to set aside the order dated 10.11.2010 passed by the learned Single judge in W.P. No. l1518/2008 and to dismiss the said writ petition and to grant such other reliefs as this Court deems fit in the circumstances of the case.
(2.)Brief facts of the case are that respondent Nos. 1 to 15 herein filed the aforesaid writ petition for the relief of writ in the nature of certiorari to quash the preliminary notification dated 5.5.1988 issued under Sec. 4(1) of the Land Acquisition Act (for short 'the Act') and published in the Karnataka Gazette on 12.5.1988 as per Annexure -E to the writ petition, the final notification dated 22.3.1989 issued under Sec. 6(1) of the Act and published in the Karnataka Gazette on 20.4.1989 as per Annexure -F to the writ petition, and the possession notification dated 9.7.1998 issued under Sec. 16(2) of the Act as per Annexure -M to the writ petition. Case of respondent Nos. 1 to 15 herein (petitioners in W.P. No. 11518/2008) is that they are the owners of land in Sy. No. 143/1 measuring 9 acres and Sy. No. 143/2 measuring 3 acres 23 guntas situated at Herohalli village, Yeshwanthpura Hobli, Bengaluru North Taluk. The Special Land Acquisition Officer, who is respondent No. 17 herein, issued the preliminary notification dated 5.5.1988 proposing to acquire the lands belonging to respondent Nos. l to 15 herein and others for the benefit of House Building Co -operative Society (appellant herein). The predecessors in title of respondent Nos. l to 15 herein filed objections to the preliminary notification opposing the acquisition on several grounds. The Special Land Acquisition Officer over ruled the objections and issued the final notification on 22.3.1989 acquiring the lands. Thereafter, on 5.9.1989, an award came to be passed and on 9.7.1998, possession notification under Sec. 16(2) of the Act came to be issued. Respondent Nos. l to 15 herein being aggrieved by the impugned notifications filed the aforesaid writ petition.
(3.)The writ petition was opposed by the appellant herein and the others in the petition. After considering the merits of the case, the learned Single Judge has allowed the writ petition and quashed the impugned notifications dated 5.5.1988 (Annexure -E to the writ petition), the final notification dated 22.3.1989 (Annexure -F to the writ petition) and the possession notification dated 9.7.1998 (Annexure -M to the writ petition).
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(2.)Brief facts of the case are that respondent Nos. 1 to 15 herein filed the aforesaid writ petition for the relief of writ in the nature of certiorari to quash the preliminary notification dated 5.5.1988 issued under Sec. 4(1) of the Land Acquisition Act (for short 'the Act') and published in the Karnataka Gazette on 12.5.1988 as per Annexure -E to the writ petition, the final notification dated 22.3.1989 issued under Sec. 6(1) of the Act and published in the Karnataka Gazette on 20.4.1989 as per Annexure -F to the writ petition, and the possession notification dated 9.7.1998 issued under Sec. 16(2) of the Act as per Annexure -M to the writ petition. Case of respondent Nos. 1 to 15 herein (petitioners in W.P. No. 11518/2008) is that they are the owners of land in Sy. No. 143/1 measuring 9 acres and Sy. No. 143/2 measuring 3 acres 23 guntas situated at Herohalli village, Yeshwanthpura Hobli, Bengaluru North Taluk. The Special Land Acquisition Officer, who is respondent No. 17 herein, issued the preliminary notification dated 5.5.1988 proposing to acquire the lands belonging to respondent Nos. l to 15 herein and others for the benefit of House Building Co -operative Society (appellant herein). The predecessors in title of respondent Nos. l to 15 herein filed objections to the preliminary notification opposing the acquisition on several grounds. The Special Land Acquisition Officer over ruled the objections and issued the final notification on 22.3.1989 acquiring the lands. Thereafter, on 5.9.1989, an award came to be passed and on 9.7.1998, possession notification under Sec. 16(2) of the Act came to be issued. Respondent Nos. l to 15 herein being aggrieved by the impugned notifications filed the aforesaid writ petition.
(3.)The writ petition was opposed by the appellant herein and the others in the petition. After considering the merits of the case, the learned Single Judge has allowed the writ petition and quashed the impugned notifications dated 5.5.1988 (Annexure -E to the writ petition), the final notification dated 22.3.1989 (Annexure -F to the writ petition) and the possession notification dated 9.7.1998 (Annexure -M to the writ petition).
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