SABIHA BEGUM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners claim that they are the joint owners of land bearing old Sy. Nos. 25 and 26 of "kavamgutta Baiderhalli and new Sy. No. 39 of Khader Garden, Williams Town. They are seeking to quash the impugned Notifications at Annexures-D, E and F respectively, which are issued under Section 11 (1) of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 proposing to declare the areas as 'slum Areas'.

(2.) LEARNED Counsel for the petitioners submits that the lands in question fell to the share of the petitioner by virtue of Judgment and decree passed by the Civil Court, Civil Station, Bangalore, in O. S. No. 57/76.

(3.) IN the Schedules of the aforesaid Decree, the description of the lands are shown as Survey Numbers. In the impugned notifications the properties are shown as C. T. S. numbers. Petitioners have not produced any document to show that the properties mentioned in the Schedules of the Decree are the same mentioned in the impugned notifications. From the Decree it is also not clear that the properties mentioned in the scheduled therein had been agreed to be given to the petitioners herein. The relevant portion of the decree is extracted below to make the issue more clear:-