LAWS(KAR)-2001-8-42

KARNATAKA GRUHA NIRMANA SAHAKARA SANGHA LTD Vs. KARITHIMMAIAH

Decided On August 07, 2001
KARNATAKA GRUHA NIRMANA SAHAKARA SANGHA LIMITED, PEENYA, BANGALORE Appellant
V/S
KARITHIMMAIAH Respondents

JUDGEMENT

(1.) THESE appeals are filed by a housing co-operative society hich was one of the respondents in the writ petitions decided by the learned single judge by a judgment dated 6-9-1996. The learned judge quashed the notification issued under Section 4 (1) of the Land Acquisition Act published on 1-12-1988 on the ground that the requirement of Section 3 (f) (vi) of the act has not been fulfilled. The learned judge observed that the counsel appearing for the government did not produce any record to show that there was a scheme submitted by the appellant-society and the same was approved by the government.

(2.) RELEVANT portion of Section 3 (f) reads as follows:

(3.) IN this appeal it is contended on behalf of the appellants that after thorough scrutiny, the government gave approval to the scheme and cleared the acquisition by its order dated 13-11-1987. The communication dated 13-11-1987 which is addressed to the special deputy commissioner, Bangalore, reads as follows: