M B BETTASWAMY Vs. COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment and decree dated 21-4-2007 is O. S. No. 6743/1999. Suit is for permanent injunction.

(2.) CASE of the plaintiff is that, he is the gpa holder for the alleged owner of the property bearing house Nos. 17 and 18, Khatha no. 87/3 at Kothanur Village. Uttarhalli Hobli, measuring East-West 40 feet x North-South 60 feet and the plaintiff is in settled possession of the suit schedule property and further alleged that, the respondent is trying to demolish and dispossess the plaintiff.

(3.) RESPONDENT - defendant filed written statement inter-alia stating that, the land in question and other lands were notified for acquisition and Ex. D1 - preliminary notification, Ex. D2 - final notification were issued, as per Ex. D3 - award was passed, as per Ex. D4 - mahazar for taking possession was drawn, as per Exs. D5 and D6 - mahazar was prepared by the engineering section and thereafter a layout was formed and the sites were allotted to the respective allottees and further submitted that, the plaintiff has no right to claim injunction.