COMMISSIONER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BANGALORE, K.G. ROAD BANGALORE - 560 009 AND SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD CAUVERY BHAVAN, K.G. ROAD BANGALORE - 560 009 Vs. SMT. SUSHEELAMMA W/O LATE VENKATARAMANASW

JUDGEMENT

(1.) IN a preliminary notification dated 29.08.2006 issued under Section 4(1) of the Land Acquisition Act; ('The LA Act' for short), the appellants had proposed to acquire an extent of 252 acres of land for the purpose of a housing scheme. Subsequent to the consideration of objections, an extent. of 229 acres have been deleted and only an extent of 23 acres 4 guntas was included in the declaration dated 06.03.2008 issued under Section 6(1) of the LA Act. The said extent of 23 acres 4 guntas included the small extents of land belonging to respondent Nos. 1 to 7 herein as follows: <FRM>JUDGEMENT_1178_TLKAR0_2011.htm</FRM>

(2.) Respondent Nos. 1 to 7 herein therefore claiming to be aggrieved by the notifications issued under Sections 4(1) and 6(1) of the LA Act assailed the same in W.P.No. 9908/2008. The learned Single Judge after considering the rival contentions has allowed the writ petition and quashed the acquisition proceedings, however reserving liberty to the appellant herein to come up with a proper plan and scheme for acquiring land to meet the precise need by examining the possibilities in this regard. The appellants therefore claiming to be aggrieved by the order of the learned Single Judge are before us in this intra -Court appeal.

(3.) Heard Sri Basavaraj V.Sabarad, learned counsel for the appellants and perused the appeal papers.