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M/S Neria Estates Rural Industries vs The State Of Karnataka on 5 July, 2024

(b) Ordinarily, the scope of Judicial Review at the hands of Constitutional Court under Articles 226 & 227, is determined by the scope of proceedings of statutory tribunals/authorities whose orders are examined. As stated above, the Tribunal is the exclusive body for adjudication of the claim for occupancy u/s 48A of the 1961 Act; only it can hold proceedings and record satisfaction of Triple Test; only then land will vest in the State. A writ court cannot vest the private property in the State sans adjudicatory process on merits taking place at the hands of the Tribunal. This view gains impetus from the observations in BOREGOWDA L.G vs. BANGALORE DEVELOPMENT AUTHORITY6. We repeat that, whether land had vested in the State, was not decided at the hands of Tribunal.
Karnataka High Court Cites 42 - Cited by 0 - K S Dixit - Full Document
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