Supreme Court of India
M.R.R. Setty(dead) by Lrs v. Government of Karnataka
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What the Court ordered
The appeals are accordingly allowed, setting aside the common judgment dated 09.01.2020 in so far as it pertained to Writ Appeal No. 6405 of 2017 along with the order dated 16.06.2023, confirming the said order and dismissing Review Petition No. 105 of 2023. In consequence, the Notice dated 26.04.2014 shall stand quashed in so far as it pertains to the land of the appellants.
Judgment, 17
In brief
M.R.R. Setty's predecessor purchased 28 guntas in Survey No. 2 of Dasarahalli Village under eight sale deeds of 1929, and on a City Title Survey in 1974 the land was allotted CTS Nos. 174/1 to 174/5. The municipal corporation sanctioned his apartment building plan (Gokul Lake View) on 08.07.2004, permitted construction from 22.05.2005 and issued an Occupancy Certificate in June 2006. In 2014, on a third party's complaint that Yediyur Lake was being encroached upon, the Joint Director/Registrar of Land Records issued a notice dated 26.04.2014 under Section 56 of the Karnataka Land Revenue Act, 1964, cancelling the earlier Enquiry Officer's order and directing a fresh enquiry into numerous CTS numbers including Setty's. The notice thus sought to revise an allotment made some 35 years earlier, long after third-party interests in the apartment building had come into existence.
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