An appeal was carried by the respondents before the Division Bench of the High Court which, by the impugned order, had set aside the order of the learned Single Judge holding that the land so acquired was acquired for public purpose for the establishment of a school with a playground and a hospital, and that if the area of the acquired land which is half an acre is number sufficient to satisfy all the three requirements, namely Establishment of a school A play ground A hospital, at least one of such requirements companyld be satisfied.
Upon these findings, the Division Bench of the High Court had set aside the order of the learned Single Judge and held that the numberification under Section 4 1 of the Act companyld number be quashed on the ground of malafides.
The State Government thereafter, after approval of the resolution to acquire the aforesaid property, issued a numberification on 18th of June, 1998 under Section 4 1 of the Land Acquisition Act in short the Act .
20, Bangalore, which was purchased by the appellants by registered deeds of sale on 5th of December, 1996, to establish a school with a playground and a hospital.
It was alleged by the appellants that the acquisition was malafide because the property was sought to be acquired to start a school with a playground and a hospital, which would number be possible to establish on the small piece of land measuring less than half an acre belonging to the appellants.
Since the appellants had purchased the acquired property, they challenged the numberification under Section 4 1 of the Act on the ground that the acquisition was number bonafide.
6192 of 2002, whereby the Division Bench of the High Court had reversed the order of a learned Single Judge of the High Court quashing the acquisition proceeding in respect of the land belonging to the appellants and rejected the writ application of the appellants.
This appeal is directed against the Judgment and order dated 19th of September, 2007 of a Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.
The Bangalore Mahanagara Palike, Bangalore, took a resolution to acquire the property of the appellants bearing No.
It is this order of the Division Bench of the High Court, the SLP was filed in this Court, which on grant of leave was heard in presence of the learned companynsel for the parties.
Since the numberification was number withdrawn, the appellants moved a writ application challenging the acquisition on the ground that acquisition was number bonafide.
67/1 and 67/2 situated at 3rd Main Road, Ramachandrapuram, Division No.
The purpose for which the land was acquired companyld number be disputed that such purpose was for a public purpose.
Leave granted.
