High Court of Karnataka Hears Writ Petitions Seeking Declaration of Lapsed Land Acquisition Proceedings Under 2013 Act. Petitioners Claimed Acquisition Lapsed Due to Non-Compliance with Provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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

KAHC010403472015_1

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Case Details

2016 LawText (KAR) (03) 11

Writ Petition Nos.38868-38870 of 2015 and connected matters

2016-03-10

Anand Byrareddy

L. Nageshwara Rao, B.L. Sanjeev, V. Lakshminarayana, Vikram Balaji B.L., Shilpa Rani, C.M. Nagabhushan, Rajeswara P.N., H.R. Narayana Rao, Ashok Haranahalli, Manmohan P.N., S.M. Chandrashekhar, Ramesh T.R., Madhusudhan R Naik, Laxminarayana, D. Nagaraja, S. Vijay Shankar, T.P. Vivekananda, K. Krishna, C.R.G.

K.M. Chikkathayamma and Others (in WP 38868-70/2015), Shivamma and Others (in WP 38871-74/2015), Viswanatha Reddy and Others (in WP 35858/2013), M. Jagadish (WP 82/2015), Narasimha Reddy and Others (WP 26980-82/2015), T.K. Shilpashree (WP 83/2015), Ramachandra and Others (WP 15616-20/2013), L. Chandrashekar and Another (WP 40076/2014)

State of Karnataka, Urban Development Department; Mysore Urban Development Authority; Bangalore Development Authority; Special Land Acquisition Officers

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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 had lapsed.

Remedy Sought

Declaration that land acquisition proceedings for the schedule lands had lapsed by virtue of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; also quashing of notifications in some petitions.

Filing Reason

The petitioners claimed that the conditions under Section 24 of the 2013 Act for lapsing of acquisition proceedings were met, as compensation had not been paid or possession not taken.

Issues

Whether the land acquisition proceedings initiated under the BDA Act or other applicable acts have lapsed in terms of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24
  • Bangalore Development Authority Act, 1976: Sections 17(1), 19(1)
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