Case Note & Summary
These three sets of writ petitions were filed before the High Court of Karnataka, all relating to the acquisition of land measuring seven acres in Survey No.172/2A of Bilekahalli Village, Bangalore. The Bangalore Development Authority initiated the acquisition for the 'Byrasandra Thavarekere Madiwala Scheme' by issuing a Preliminary Notification dated 19.09.1977 under Section 17(1) of the Bangalore Development Authority Act, 1976, followed by a Final Notification dated 07.02.1978 under Section 19(1) of the same Act. The land was originally owned by one Krishna Setty, who sold it to Ramaiah in 1974, but the notifications listed Krishna Setty's name. An award was passed on 21.03.1984, and a possession notification under Section 16(2) (Karnataka Amendment) of the Land Acquisition Act, 1894 was issued in Ramaiah's name. The petitioners comprise three groups: (i) purchasers of three acres from Ramaiah (M/S Evershine Monuments and others), (ii) legal representatives of Ramaiah (Smt. Chinna Papamma and others), and (iii) legal representatives of K.T. Venkatesh, a tenant under Ramaiah (Smt. K.S. Meenakshi and others). They sought a declaration under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, that the acquisition had lapsed on the grounds that possession was not actually taken and compensation was not paid. Earlier, some petitioners had challenged the acquisition in W.P.No.11299/1996 and also filed O.S.No.9493/1999, which was dismissed on 27.09.2010. The High Court clubbed all the writ petitions, heard arguments, and reserved judgment on 20.11.2017. The common order was pronounced on 14.12.2017 by Justice B.V. Nagarathna. The full text of the order, including the court's analysis, findings, and final directions, is not available in the provided excerpt.
Headnote
A) Land Acquisition - Lapsing of Acquisition under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Bangalore Development Authority Act, 1976, Sections 17(1), 19(1) - The writ petitions were filed seeking a declaration that the land acquisition proceedings initiated in 1977 for the Byrasandra Thavarekere Madiwala Scheme had lapsed due to non-compliance with the provisions of the 2013 Act. The court clubbed the petitions and delivered a common order (Paras 3-6).
Issue of Consideration
Whether the land acquisition initiated under the BDA Act, 1976 had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Case Details
2017 LawText (KAR) (12) 10
W.P. Nos. 17852-17856/2014 & 17969/2014 c/w W.P. Nos. 17290/2014 & 17673-17687/2014, W.P. No. 20626/2016 (LA-BDA)
Sri Ajesh Kumar S., Sri B.V. Acharya (Sr. Counsel), Sri Bhadrinath R., Sri V.S. Hegde, Sri Shamanth Naik, Sri S. Vijaya Kumar A. Patil (Addl. Govt. Advocate), Sri Bipin Hegde, Sri M. Erappa Reddy, Sri D. Leelakrishnan, Sri Sharath S. Gowda, Sri T.N. Raghupathy, Sri S. Vijay Shankar (Sr. Counsel), Sri B.S. Sachin, Sri M. Karunakar
M/S. Evershine Monuments & Ors., Smt. Chinna Papamma & Ors., Smt. K.S. Meenakshi & Ors.
State of Karnataka, Bangalore Development Authority, Special Land Acquisition Officer, BDA, Sub-Registrar, Bangalore South Taluk, Mrs. Parimala Nagappa, C.S. Shivalli, Shasikala, Dr. T.S. Chanappa, Shivamurthy Banapur Hiremath, M/S Homoeopathic Foundation, A. Savitha, Dayal Kumar R.S., B.V. Krishna Reddy, Chikkarevanna
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India seeking declaration that land acquisition proceedings under the BDA Act have lapsed under Section 24 of the 2013 Act.
Remedy Sought
Petitioners seek to quash the allotment letter dated 17.12.2012 and all inconsistent transactions, and declare the preliminary notification dated 19.09.1977 and final notification dated 07.02.1978 as lapsed.
Filing Reason
Alleged non-taking of possession and non-payment of compensation despite acquisition proceedings, invoking the lapsing provision under Section 24(2) of the 2013 Act.
Previous Decisions
Earlier writ petition W.P.No.11299/1996 challenging the acquisition notifications and seeking a direction not to demolish structures; a civil suit O.S.No.9493/1999 filed by some of the petitioners was dismissed on 27.09.2010.
Issues
Whether the land acquisition initiated under the BDA Act, 1976 had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Judgment Excerpts
These writ petitions raise important questions of law and fact.
The petitioners herein have filed the writ petitions under sub-section (2) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, ... seeking a declaration that acquisition initiated under the provisions of the BDA Act has lapsed.
Procedural History
Preliminary notification dated 19.09.1977 under Section 17(1) of the Bangalore Development Authority Act, 1976. Final notification dated 07.02.1978 under Section 19(1). Award passed on 21.03.1984. Notification under Section 16(2) (Karnataka Amendment) of the Land Acquisition Act, 1894 issued in name of Ramaiah. W.P.No.11299/1996 filed challenging acquisition. O.S.No.9493/1999 filed and dismissed on 27.09.2010. Writ petitions filed in 2014 and 2016 seeking declaration of lapsing. Heard and reserved on 20.11.2017; pronounced on 14.12.2017.
Acts & Sections
- Bangalore Development Authority Act, 1976: 17(1), 19(1)
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: 24(2)
- Land Acquisition Act, 1894: 16(2) (Karnataka Amendment)
