ARIES ADVERTISING BUREAU Vs. C T DEVARAJ

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is a House Building Co-operative Society of the employees of H. M. T. Limited, a Government Company (hereinafter referred to as the 'society'). The Society was registered for the purpose of acquiring land by purchase, mortgage, lease, exchange, gift or otherwise, and to develop the same by construction of roads, drains, parks, play grounds, schools hospitals, waterworks, post-office and other amenities, required for a residential housing colony. The Society has been registered under the provisions of Karnataka Co-operative Societies Act.

(3.) The Society submitted its housing scheme to the State Government on 19.9.1984, for the purpose of acquision of lands situated at Thindlu and Chikkabettahalli, for 1001 members of the Society. It is the case of the appellant that the Government being fully satisfied with the scheme submitted by the appellant, approved the same by an order dated 7.11.1984 and accorded approval for initiation of acquisition proceeding for the lands. On 17.3.1988 the Society entered into an agreement with the State Government agreeing to the conditions for acquisition, as required by Sections 39 and 40 of Part VII of the Land acquision Act (hereinafter referred to as the 'act'). But on 12.7.1988 a notification under Section 4 (I) of the Act was issued proposing to acquire lands for the Society to the extent of 133.33 acres in the aforesaid two villages, saying it was needed for public purpose.