Case Note & Summary
The writ appeals arise from a common order dated 14.12.2017 passed by the Single Judge of the High Court of Karnataka. The appellants, landowners and their legal representatives, sought a declaration that the acquisition of land bearing Sy. No.172/2A measuring 7 acres in Bilekahalli village, Begur Hobli, Bengaluru South Taluk, for the purpose of the Bangalore Development Authority (BDA) to form Byrasandra Tavarekere Madiwala Layout (BTM Layout) had lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The preliminary notification was issued on 19.09.1977, followed by the final notification on 07.02.1978. The land originally belonged to one Krishna Setty, from whom one Ramaiah purchased 5 acres via a registered sale deed dated 27.05.1974. However, revenue records continued in Krishna Setty’s name, and the acquisition notifications accordingly listed him as the khathedar. The appellants contended that they had not received compensation, triggering lapse under the 2013 Act. The Single Judge’s common order was challenged in these writ appeals filed under Section 4 of the Karnataka High Court Act. The Division Bench, consisting of Hon’ble Mr. Justice Satish Chandra Sharma and Hon’ble Mr. Justice S. Vishwajith Shetty, heard the matters and reserved judgment on 24.03.2021, pronouncing it on 19.04.2021.
Issue of Consideration
Whether the acquisition of land bearing Sy. No.172/2A of Bilekahalli village for BTM Layout under notifications dated 19.09.1977 and 07.02.1978 had lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Case Details
2021 LawText (KAR) (04) 8
W.A.No.1274/2018 (LA-BDA) c/w W.A.No.681/2018 (LA-BDA) W.A.No.744/2018 (LA-BDA)
Satish Chandra Sharma, S. Vishwajith Shetty
WA 1274/2018: Srihari.A.V. for appellants; S.S.Mahendra, AGA for R-1; Gauthamdev C.Ullal for R-2 & R-3. WA 681/2018: Ajesh Kumar.S. for appellants; Bipin Hegde for C/R-2 & 3; Raghupathy.T.N. for C/R-14; Jayakumar S.Patil, Sr. Counsel for Smt. Monica Patil for Impleading R15. WA 744/2018: Vivek S.Reddy, Sr. Counsel for Sri S.Ismail Zabiulla for A-11 to A-16; Sachin.B.S. for C/R-2 & 3; S.S.Mahendra, AGA for R-1.
Smt. K.S.Meenakshi & Ors. (WA 1274/2018); M/s. Evershine Monuments & Ors. (WA 681/2018); Smt. Chinna Papamma & Ors. (WA 744/2018)
State of Karnataka & Ors. (in all appeals); Bangalore Development Authority & Ors.; impleaded respondents in WA 681/2018 and WA 744/2018 as per cause title
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Nature of Litigation
Writ appeals against the order of the Single Judge in writ petitions seeking declaration of lapse of land acquisition under Section 24 of the 2013 Act.
Remedy Sought
Appellants sought to set aside the Single Judge's order dated 14.12.2017 and declare that the acquisition of land bearing Sy. No.172/2A of Bilekahalli village for BTM Layout had lapsed under Section 24 of the 2013 Act.
Filing Reason
The acquisition was initiated in 1977-78; the landowners claimed that compensation was not paid to them, triggering lapse under the 2013 Act.
Previous Decisions
The Single Judge of the High Court passed a common order dated 14.12.2017 in W.P.Nos.17852-856/2014 & 17969/2014 connected with others and W.P.No.20626/2016, which is under challenge.
Issues
Whether the land acquisition for BTM Layout lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Judgment Excerpts
In all the above writ petitions, the petitioners have sought for declaration that the acquisition of the land bearing Sy. No.172/2A of Bilekahalli village, Begur Hobli, Bengaluru South Taluk, acquired for the purpose of respondent no.2- Bengaluru Development Authority (BDA) for formation of Byrasandra Tavarekere Madiwala Layout (BTM Layout) under the preliminary notification dated 19.09.1977 and the final notification dated 07.02.1978 as lapsed in terms of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The land bearing Sy. No.172/2A measuring 7 acres originally belonged to one Krishna Setty. One Ramaiah allegedly had purchased 5 acres of land in the said Sy. No.172/2A under a registered sale deed dated 27.05.1974 from the said Krishna Setty.
Procedural History
The writ petitions were filed before the Single Judge of the High Court of Karnataka seeking declaration of lapse of acquisition. On 14.12.2017, the Single Judge passed a common order dismissing/allowing the petitions. Aggrieved, the petitioners filed writ appeals under Section 4 of the Karnataka High Court Act. The appeals were heard and reserved for judgment on 24.03.2021, and judgment pronounced on 19.04.2021.
Acts & Sections
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24
- Karnataka High Court Act, 1961: Section 4
