MAYAMMA W/O THIMMARAYAPPA AND OTHERS Vs. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY AND OTHERS

JUDGEMENT

(1.) THE Petitioners have called into question the preliminary notification, dated 06.04.1989 (Annexure -G) and the final notification, dated 09.05.1994 (Annexure -H), acquiring the land for the benefit of the Respondent No. 2 for forming Banashankari v. Stage Layout.

(2.) THE learned Counsel for the Petitioners, Sri Shivaraju for Sri Vishwanath appearing for the Petitioners submits that the possession of the lands is not yet taken; the possession of the lands continues to be with the Petitioners. He submits that the lands in question originally belong to one Dharji Hanumantha Rao. He submits that the grand father of the Petitioners, one Muni Byrappa, was granted the occupancy rights in respect of the lands in question on 16.07.1981. Without showing the name of the Muni Byrappa or of his grand children (the Petitioners herein), the Respondent Nos. 1 and 2 initiated and concluded the acquisition proceedings, so submits the learned Counsel.

(3.) THE learned Counsel further submits that there was a dispute amongst the family members of the Muni Byrappa. He further submits that the matter was taken up to the Hon'ble Supreme Court and that finally the settlement amongst them was arrived at in 2011.