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Suit is one for mandatory injunction and for
permanent injunction.
2. Case of the plaintiff in brief is as hereunder:-
It is the case of the plaintiff that Sy. Nos.11 and 12
of Laggere Village, which totally measured 35.05 acres
and 24.23 acres respectively, were acquired by B.D.A.
by issuing preliminary notification dated 22.12.1977 and
final notification dated 30.08.1978. The Additional Land
Acquisition Officer of B.D.A. has passed an award
bearing No. LAC:2/1979-80 in respect of Sy. No.11 and
the same was approved by Divisional Commissioner
Bengaluru vide LAC. No.SR:6/1982-83 dated
01.07.1982. Likewise, in respect of Sy. No.12 award
was passed vide No.3/1979-80 by Additional LAO,
B.D.A. and the award was approved by Divisional
Commissioner vide LQA:SR/7/1980-81 dated
01.07.1982. After finalization of acquisition
proceedings, entire area of Sy. Nos.11 and 12 was
handed over to the possession of plaintiff board on
18.01.1982. It is stated that one Sri. Chikkegowda
participated in the land acquisition process and has
stated before Special Revenue Inspector, B.D.A. that
he has voluntarily given the possession of 4 acres of
land in Sy. No.12 and has stated that he has not
alienated the said land. After completion of acquisition
proceedings, the plaintiff board has constructed 2423
houses for Slum Dwellers and Other Weaker Section of
Society in Sy. Nos.11 and 12 and place is reserved for
other facilities like hospitals, schools, park etc. The
Government of India, Ministry of Urban Development
and Poverty Alleviation has sanctioned a unique
scheme called Demonstration Housing Program under
VAMBEY during March 2003 and it has released Rs.75
Lakhs subsidy for construction of 125 houses.
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