LAWS(KAR)-2014-11-270

T. ASHWATH NARAYANA Vs. STATE OF KARNATAKA

Decided On November 26, 2014
T. Ashwath Narayana Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) PETITIONERS in all these petitions are assailing the notification dated 30.12.2008 issued under Section 17(1) and (3) of BDA Act, 1976 in respect of the lands of the petitioners that have been included therein, proposing to form a layout called "Dr. K. Shivarama Karantha Layout."

(2.) THE facts as pleaded in W.P. No. 9640/2014 is referred for narration of the facts so as to take note of the legal position in that background.

(3.) THE preliminary notification proposing acquisition having been issued on 30.12.2008, the same had not been proceeded further and concluded by issue of final notification even on the date of filing of this petition or thereafter till this day. In that view, the petitioners contend that the preliminary notification has lapsed and therefore, they should be permitted to enjoy the property in accordance with law as they are entitled to do so.