HIGH COURT QUASHES LAND GRANT TO AMAR JYOTHI SOCIETY


Source : "THE INDIAN EXPRESS, DATE 29-9-98, Page No. 4 "

Bangalore: The High Court division bench has quashed the Government notification to acquire the 122 acres of land in Kempapura Agrahara, Challaghatta Village, Bangalore North Taluk, in favour of Amar Jyothi House Building Co-operative Society.

The housing society in its batch of writ appeals has sought the intervention of the division bench to set aside an earlier order by a single judge order quashing the same acquisition order by the Revenue Commissioner and Secretary directing the Special Deputy Commissioner to acquire the land.

Upholding the single judges order, the division bench comprising Chief Justice R P Sethi and K R Prasad Rao held that the Society had not obtained a prior approval for a scheme of forming sites before the acquisition process commenced. "The acquisitions are found to be the result of colourable exercise of power and are activated by legal malafides as it was not done for public purpose but are made in favour of bogus members of the housing society."

"It was found that in the entire proceedings as well as in the award, it was Ranghadhama Setty, who participated in the receipt of compensation on behalf of the land owners for passing the consent award by taking a general power of attorney from the land owners", the court order noted.