SUBADRA TEXTILE PRIVATE LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner claiming to be the owner of petition land ad- measuring about 4 acres 22 guntas as of now by virtue of Registered Sale Deeds dated 21.08.1963 at Annexures- C & D has invoked writ jurisdiction of this Court for the quashment of the Preliminary Notification dated 08.01.1964 at Annexure-A and Final Notification dated 28.10.1971 respectively issued u/s.16(1) and u/s.18(1) of the erstwhile City of Bangalore Improvement Trust Act, 1945 to the extent they relate to the lands not comprised in the award dated 20.11.1978.

(2.) The 1st respondent-State having entered appearance through the learned HCGP Sri Dildar Shiralli has filed the Statement of Objections. The 2nd and 3rd respondents having entered appearance through their Sr. Panel Counsel Sri I.G.Gacchinamath too have filed their separate Statement of Objections. These respondents oppose grant of relief to the petitioner.

(3.) Learned counsel for the petitioner submits that by virtue of the award dated 20.11.1978 at Annexure-E to the writ petition only 2 acres 11 guntas land in various petition survey numbers was acquired, leaving rest of the notified lands that continue in the possession of the petitioner; even the compensation awarded is also confined to this small piece of land, the remainder being about 9 acres in all; that being so the respondent-BDA is not justified in sitting over petitioner's application dated 06.06.2017 wherein a 'No objection Certificate' is sought for and that in these circumstances petitioner has approached this Court.