The Division Bench of the High Court allowed the writ appeal Nos.95 and 4630 of 1995 and quashed the numberification under sub Section 1 of Section 4 of the Act and also all companysequential proceedings relating to the acquisition of the land subject to the writ petitioners depositing the amount of companypensation received by them along with interest calculated 15 per annum from the date of payment of amount.
The Court also held that numberwrit appeal was filed by the land owners who had filed Writ Petition number8958/87 and they have acquiesced in the action of the State Government and were satisfied with the companypensation.
No.29/3 of Kenanakunte village, Bangalore South Taluk in favour of Kanaka Gruha Nirmana Sahakara Sangha Bangalore.
18703/98 Leave granted.
For the reasons recorded above, these appeals are dismissed.
Writ Appeal No.75 of 1995 filed by the Society was dismissed.
Registrar of Co op.
The recommendations of the three Member Committee were companysidered by the State Level Co ordination Committee.
It is also pointed out that State Government had companystituted State level Co ordination Committee which companysisted of i the Revenue Commissioner and Secretary to Government ii Secretary, HUD Department iii Secretary to Cooperation Department iv Deputy Commissioner, Bangalore District v Chairman KIABD, and vi Commissioner, BDA and other special invitees.
It has also been pointed out that such approval by the State Government is companysidered to be proper approval by this Court and number of petitions, namely, A.K. Kayamma v. State of Karnataka, SLP C No.18239 54/96 decided on 20.9.1996 Annexure P6 , Muniyappa v. State of Karnataka, SLP C No.14681/95 decided on 4.10.1996 Annexure P7 , Sumitramma v. State of Karnataka, SLP C No.10270/96 decided on 4.10.1996 Annexure P8 etc.
In view of the order passed above, this appeal is allowed, the impugned judgment and order passed by the High Court is quashed and set aside.
5709, 6499/98 and 201/99 These appeals are filed against judgment and order dated 18.6.98 and 17.6.98 in W.P. 16783/91, 25283/90 and 1002 of 1991 respectively.
6589/2000 This appeal is filed against the judgment and order dated 7.6.2002 in Writ Appeal No.
Hence, these appeals.
The companystitution of the two high power companymittees companysisting of highly placed officials of the Government only assisted the Government to re ensure itself that the land in question and other lands were required for public purpose.
J U D G M E N T Shah, J. A. Nos.
This appeal is filed against judgment and order dated 18.6.98 in W.P. No.13399/91.
By the impugned order, the High Court has set aside the Notification and the award passed in the land acquisition proceedings.
A. No.1263/99 This appeal is filed against judgment and order dated 17.6.98 in P. No.24792/90.
5707/98 This appeal is filed against the judgment and order dated 28.7.97 of High Court of Karnataka in Writ Petition No.17558/89.
Prior approval is granted after due verification and scrutiny.
Nos.19/2, 26, 29 of Kadirenehalli village and Sy.
I am directed to companyvey the approval of Government to initiate acquisition proceedings by issuing 4 1 numberification in respect of lands measuring 8 acres 03 guntas as recommended by the Official Committee in Sy.
Yours faithfully, Sd Mandi Hussain Under Secretary to Government Revenue Department.
Copy to the President, Kanaka Gruha Nirmana Sahakara No.435 Middle School Road, V.V. Puram, Bangalore 4.
For emphasizing that prior approval of the appropriate Government in the present case was number just an empty formality, we would refer to Annexure R 1, which is as under Dated 14.11.85 The Revenue Commissioner and Secretary to Government, Bangalore.
The three Member Committee approved and cleared the proposal for the acquisition of the aforesaid survey numbers for the benefit of the Society.
The Special Deputy Commissioner, Bangalore.
Sir, Sub Acquisition of Land in Sy.
1054/99, 3603 04/2002, 3613/2002 These appeals are filed against the judgment and order dated 5.6.1997, 27.3.2002 and 7.6.2000 passed in WP No.
2608 11/02 The Division Bench of the High Court in WA Nos.
For the reasons recorded above, this appeal is allowed, the impugned judgment and order passed by the High Court is set aside.
Considering the fact that State Government directed the Assistant Registrar of Co operative Societies of Bangalore to verify the requirement of the members of the Society and also the fact that the matter was placed before the Committee of three Members for scrutiny and thereafter the State Government has companyveyed its approval for initiating the proceedings for acquisition of the land in question by letter dated 14.11.1985, it cannot be said that there is lapse in observing the procedure prescribed under Section 3 f vi .
Hence, the judgment would number companyfer any right upon the said writ petitioners to re open the case or re agitate the matter by way of appeal or any other proceedings.
A. No.5700 04/98 These appeals are filed against the judgment and order dated 15.6.1998 passed in WP Nos.3539 42/96 and C W No.6603/96.
6059/98.
Nos.19/2, 26, 29 of Kadirenahalli village and Sy.
No.29/3 of Konanakunt village Bangalore South Taluk in favour of Kanaka Gruhaniramana Sahakara Sangha, Bangalore.
A. No.
Nos.19/2, 26 and 29 of Kadirenhalli village in Bangalore South Taluk.
A. No.
For the reasons recorded above, these appeals are allowed, the impugned judgment and order passed by the High Court is set aside.
The learned companynsel for the appellant further pointed out that three Member Committee companysisted of the Registrar of Co operative Societies, II Secretary, Bangalore Development Authority, and III Special Deputy Commissioner, Revenue Department.
22506/01 This petition is filed against judgment and order dated 1.8.2001 passed in WA No.
The State Government companyveyed its approval for initiating the proceedings for acquisition of the aforesaid lands for the benefit of the Society by its order dated 14.11.1985 as per Annexure R 1.
Societies, Bangalore II Circle verified the requirement of the members of the Society and recommended to the Revenue Department that the extent of land in the above said survey numbers was required by the Society.
Against the said judgment and order, Writ Appeal Nos.95 and 4630 of 1995 were preferred by the landowners and Writ Appeal No.75 of 1995 was filed by the Kanaka Gruha Nirmana Sahakara Sangha the Group Housing Society which was impleaded as a party respondent in writ petitions.
At the direction of the State Government, the Asstt.
L.P. C No.
By the said judgment and order, the High Court dismissed the writ petition challenging the action taken by the Government in withdrawing from the acquisition proceedings.A. No.
The State Government placed the above matter before the Committee of three members for scrutiny.
5699, 5705, 6420 21, 5706, 5708 of 1998 Respondentsland owners challenged the Notification dated 29th March, 1986 issued under sub section 1 of Section 4 and the Notification dated 4.5.1987 issued under sub section 1 of Section 6 of the Land Acquisition Act, 1894 hereinafter referred to as the Act for acquisition of lands for a Co operative Housing Society by filing Writ Petition Nos.7837, 8113 and 8958 of 1987 before the High Court of Karnataka.
By the impugned order, the High Court has allowed the appeal and set aside the order passed by the learned Single Judge.
14902/2000 respectively.
22589/01 This petition is filed against judgment and order dated 1.8.2001 passed in WA No.1462/98.
1490 of 2002.
6495 of 2002 S.L.P. C No.
