H S HANUMANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A large extent of land, including the following survey numbers, were notified for acquisition under the Provisions of the Bangalore development authority Act, 1976, by the* second respondent for the formation of rajmahal vilas ii stage layout.

(2.) THE petitioner in writ petition No. 33360 of 1996 (here after referred to as the owner) claims to be the owner of the aforesaid lands. After the issue of final notification, the owner presented writ petition No. 20377 of 1989 questioning the validity of the acquisition. The said writ petition was allowed by the learned single judge Dr. H. s. hanumanthappa v Bangalore development authority and others by his order dated 20th february, 1992. Aggrieved by the said Order, the 2nd respondent Bangalore development authority ('b. d. a. ' for short) preferred writ appeal before the division bench in writ appeal 693 of 1992 (Bangalore development authority v Dr. H. s. hanumanthappa) and the said appeal was allowed on 24-1-1996 setting aside the order of the learned single judge and dismissing the writ petition and consequently the land acquisition was held to be valid.

(3.) WHEN the writ appeal was pending, it appears from the records a proposal was under consideration by the government to withdraw the acquisition in respect of the aforesaid lands.