V.SREENIVASAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PREFACE:- The present intra Court appeal has been filed impugning the judgment and order dtd. 25/2/2025 passed by the writ Court in W.P.No.2228/2022 (LA-RES) filed by the appellant. The appellant has challenged the land acquisition proceedings in respect of the land measuring 5 acres 30 guntas in Sy.No.1/1A and land measuring 4 acres 31 guntas in Sy. No.1/3 both situated at Hosahalli Village, Uttarahalli Hobli, Bengaluru South Taluk.

(2.) The learned Single Judge vide impugned order has dismissed the writ petition with cost of Rs.1,50,000.00 payable to the High Court Legal Services Committee as in the opinion of the learned Single Judge, the writ petition filed by the petitioner was on superfluous and vexatious grounds.

(3.) It would be apt to note the brief facts relevant for the purpose of decision in this appeal. The Government had issued Preliminary Notification dtd. 23/9/1988 under Sec. 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the LA Act', for brevity) to acquire 41 acres 7 guntas of land in the said village, including the lands in Sy.No.1/1A measuring 5 acres 30 guntas and Sy.No.1/3 measuring 4 acres 31 guntas of the appellant's father for allotment of sites to the members of the Ex-serviceman House Building Co-operative Society, Bengauluru (hereinafter referred to as 'the Society'). The Final Notification under Sec. 6(1) of the LA Act was issued on 11/10/1989 in respect of the said lands.