SANDHYAGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have sought for issuance of writ of certiorari to quash the preliminary notification dtd. 3/2/2003 issued by respondent No.2 published in the Karnataka Gazette on 3/2/2003 insofar as the land bearing Sy. No. 25/1 measuring 1 acre out of 1 acre 26 guntas of Dasarahalli Village, K. R. Puram Hobli, Bangalore East Taluk, belonging to the petitioners and have also sought for issuance of appropriate writ to quash the final notification dtd. 23/2/2004.

(2.) Petitioners submit that in terms of the preliminary notification enclosed at Annexure-B, Sl. No. 54 shows the extent that is notified for acquisition at Column No.9 as 1 acre out of 1 acre 26 guntas in Sy. No. 25/1. Attention is drawn to the sketch at Annexure-G and submits that in terms of the said sketch, only 1 Acre in the Southern portion of Sy. No.25/1 has been notified and the Northern portion of 26 guntas has been left out. It is further submitted that insofar as neighbouring lands adjacent to the properties of petitioners are concerned, such properties have been left out by the Authorities and accordingly, petitioners' claim for parity as regards leaving out the land from the formation of "Arkavathi Residential Layout" is to be considered.

(3.) Sri. K. Krishna, learned counsel for the respondent - BDA points out to the observations made by the Co-ordinate Bench of this Court in W.P.No.51929/2014 at Paragraph Nos. (a) and (b) of Page No.745, which read as hereunder: