ITI EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LIMITED Vs. THE STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY ITS SECRETARY AND OTHERS

JUDGEMENT

(1.) WRIT Petitioner a private Housing Co -operative Society formed by employees of the Indian Telephone Industries, has presented this petition for questioning the legality of the notification issued by the State Government exercising its powers under Section 48(I) of the Land Acquisition Act, 1894, (for short 'the Act') dropping acquisition proceedings in respect of an extent of 1 acre 22 guntas of land in Sy. No. 20/10A of Yellukunte Village, Begur Hobli, Bangalore South Taluk and Bangalore District.

(2.) FT is for quashing of this notification, the present writ petition is filed seeking the following prayer: Issue a writ of certiorari or any other order or direction as deemed fit, quashing the Notification, denotifying, the land in Sy. No. 20/10A measuring 1 acre 22 guntas under No. RD/107/ACB/2007 dated 1.09.2010 (Annexure -A) passed by the 1st Respondent.

(3.) WHILE the preliminary notification issued under Section 4(1) of the Act, it appears was followed by a Section 6(1) notification dated 24.01.1986 and it is further followed by passing of an award on 24.8.1987, it is also the further version of the Petitioner that in terms of the provisions of Section 16 of the Act as amended by the Karnataka Act, a notification under Section 16(2) of the Act, was also issued by the State Government, evidencing taking possession of two parcels of land, one being the subject matter of Annexure -A and another parcel of land measuring 36 guntas and 1 gunta of Phut Kharab land located in Sy. No. 20/8 of the village as per the notification issued vide Annexure -E and this being followed up by yet another official memorandum dated 8.7.2004, copy at Annexure F to the petition, indicating that the possession of subject lands i.e., 1 acre 22 guntas in Sy. No. 20/10A has been handed over to the Petitioner -society.