LAWS(KAR)-2020-10-326

CHETHANA GRAHA NIRMANA SAHAKARI SANGHA Vs. PRINCIPAL SECRETARY

Decided On October 22, 2020
Chethana Graha Nirmana Sahakari Sangha Appellant
V/S
PRINCIPAL SECRETARY Respondents

JUDGEMENT

(1.) The petitioner has approached this Court under Article 226 of the Constitution of India with a prayer to quash the impugned notification dated 31.12.2013 vide Annexure-F.

(2.) Heard Sri.M.Siddaraj, learned counsel for the petitioner, Smt.Vidyavathi Kotturshettar, learned Additional Advocate General for respondent Nos.1, 2, 4 and 5 and Sri.R.M.Kulkarni, learned counsel respondent No.3.

(3.) Petitioner is a Housing Co-operative Society and for the purpose of formation of sites, it has purchased an extent of 3 acres 19 guntas in Sy.No.104/3 and 1 acre 6 guntas in Sy.No.105/2 of Shigikeri village of Bagalkot Taluk. The said land has been notified for the purpose of acquisition under the impugned notification vide Annexure-F invoking the emergency clause while issuing notification under Section 4(1) of the Karnataka Land Acquisition Act, 1894 (hereinafter referred to as the Act for short) r/w Section 17 of the Act.