KAHC010306442014_1

High Court: Karnataka High Court Bench: BENGALURU
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Issue of Consideration

KAHC010306442014_1

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Case Details

2016 LawText (KAR) (03) 5

WRIT PETITION Nos.38868-38870 OF 2015 (LA-UDA)

2016-03-10

Anand Byrareddy

L. Nageshwara Rao, B.L. Sanjeev, Madhusudhan R Naik, Laxminarayana, D. Nagaraja, S. Vijay Shankar, T.P. Vivekananda

K.M. Chikkathayamma, R. Krishna, R. Hema, Parimala, R. Umesha, T. Renuka, T. Preethi, P. Kiran, P. Santosh, P. Sunil

The State of Karnataka, Urban Development Department; The Mysore Urban Development Authority; The Special Land Acquisition Officer, Mysore Urban Development Authority

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Nature of Litigation

Land acquisition proceedings challenged, seeking declaration of lapse under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Remedy Sought

Petitioners sought declaration that the land acquisition proceedings have lapsed by virtue of the 2013 Act, and quashing of awards/notifications

Filing Reason

Petitioners alleged non-compliance with provisions of the 2013 Act leading to deemed lapse of acquisition

Issues

Whether the land acquisition proceedings initiated under the BDA Act and UDA Act have lapsed by virtue of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?

Procedural History

The petitioners filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the land acquisition proceedings and seeking declaration of lapse under the 2013 Act. The petitions were taken up together and heard by the High Court.

Acts & Sections

  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24
  • Bangalore Development Authority Act: Section 17(1), Section 19(1)
  • Constitution of India: Article 226, Article 227
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