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2015 DIGILAW 1183 (KAR)

Mantri Castles Private Limited v. State of Karnataka

2015-10-13

RAM MOHAN REDDY

body2015
ORDER : Ram Mohan Reddy, J. 1. Though the reliefs in these petitions relate to quashing the preliminary notification dated 9-10-2013, Annexure-D and final notification dated 16-6-2015, Annexure-H, insofar as it relates to acquisition of 4259.88 sq. mtrs. of land in Sy. Nos. 56 and 60 of Ward No. 197, Vasanthapura, Doddakallasandra Village, Uttarahalli-1 Hobli, Bengaluru South Taluk, Bengaluru, morefully described at Sl. Nos. 23, 46 and 47 of the final notification, Annexure-H, belonging to petitioner, nevertheless, petitioners have filed a memo dated 30-9-2015 enclosing a plan indicating an extent of 4123 sq. mtrs. of land which the petitioner has no objection for acquisition by the State under Karnataka Industrial Areas Development Act, 1966, for the benefit of Bangalore Metro Rail Corporation Limited ('BMRCL' for short). Sri N.N. Harish, learned Counsel for BMRCL on instructions submits that they are willing to accept the offer to acquire extent of 4123 sq. mtrs. instead of 4259.88 sq. mtrs. at the location as indicated in the plan annexed to the memo. As a consequence, the final notification for acquisition of 4259.88 sq. mtrs. stands modified and reduced to 4123 sq. mtrs. and the boundaries therein altered accordingly. Learned Government Advocate and learned Counsel for 'KIADB' have no objection for such a course of action. 2. Taking on record the memo and recording the submissions of the learned Counsel, these petitions are disposed of. Petitioners are directed to make available, softcopy of the plan annexed to the memo by way of a compact disc to the Registry which is directed to ensure uploading of the same as part of this order and issue certified copy accordingly.