GLITTEK INFRASTRUCTURE PVT. LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for the following:-

(2.) It is brought out that late Sri. Ramaiah Reddy was the owner of different Survey numbers in erstwhile Madiwala Village including Survey No.53 measuring 1 acre 20 guntas. On 7/2/1978, the City Improvement Trust Board (CITB) has acquired an extent of 1 acre 20 guntas in Survey No.53 for the formation of B.T.M. Layout. It is asserted that the land owner was in possession of an extent of 33 guntas. On 31/10/1992, the Bangalore Development Authority (B.D.A) stated to have passed a resolution bearing No.442/1992 resolving the State Government to withdraw the acquisition proceedings in respect of Survey No.53 of erstwhile Madiwala Village measuring an extent of 33 guntas.

(3.) However, on 27/9/1993 earlier Resolution dtd. 31/1/1992 was recalled on the ground that the land is not vacant and that once the possession has been taken the question of de-notification would not arise. The relevant extract of the resolution is as follows:- <IMG>JUDGEMENT_1055_LAWS(KAR)6_2023_1.jpg</IMG>