LAWS(KAR)-2016-3-442

SMT. RAJAMMA Vs. STATE OF KARNATAKA AND OTHERS

Decided On March 23, 2016
Smt. Rajamma Appellant
V/S
State of Karnataka And Others Respondents

JUDGEMENT

(1.) The Government decided to acquire a vast tract of land for the benefit of a housing co-operative society. Initially, the name of the housing co-operative society was National Tuberculosis Institute House Building Co-operative Society. Subsequently, however, the nomenclature was changed to National Technological Institutions Employees' House Building Co-operative Society.

(2.) Before the Honourable single Judge, by filing the present writ petitions, notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short, the 1894 Act] were challenged, alleging that they were vitiated by fraud and colourable exercise of jurisdiction.

(3.) The Honourable single Judge, by a lengthy judgment, dismissed the writ petitions, recording that there has been suppression of material facts and the challenge was an abuse of the process of acquisition. It was recorded that there was an earlier litigation touching upon the very acquisition proceedings, wherein the points raised in the present writ petitions were finally dealt with.