Karnataka High Court examines claims of land acquisition lapsing under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in writ petitions against Bangalore Development Authority and Mysore Urban Development Authority. The petitioners sought declarations that acquisition had lapsed under Section 24 of the 2013 Act, citing non-compliance with statutory timelines.

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

Whether the land acquisition proceedings have lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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Case Details

2016 LawText (KAR) (03) 30

W.P.Nos.38868-38870/2015, W.P.Nos.38871-38874/2015, W.P.Nos.35858 & 35880-35881/2013, W.P.No.82/2015, W.P.Nos.26980-26982/2015, W.P.No.83/2015, W.P.Nos.15616-15620/2013, W.P.No.40076/2014

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.

Smt. K.M.Chikkathayamma & Ors. (W.P.38868-38870/2015), Smt. Shivamma & Ors. (W.P.38871-38874/2015), Sri. Viswanatha Reddy & Ors. (W.P.35858 & 35880-35881/2013), Sri. M. Jagadish (W.P.82/2015), Narasimha Reddy .N & Ors. (W.P.26980-26982/2015), Smt. T.K.Shilpashree (W.P.83/2015), Sri. Ramachandra & Ors. (W.P.15616-15620/2013), Sri. L. Chandrashekar & Anr. (W.P.40076/2014)

State of Karnataka, Urban Development Department; State of Karnataka, Housing and Urban Development Department; Mysore Urban Development Authority; Bangalore Development Authority; Special Land Acquisition Officer, MUDA; Additional Special Land Acquisition Officer, BDA

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Nature of Litigation

Writ petitions challenging land acquisition proceedings as having lapsed under the 2013 Act.

Remedy Sought

Petitioners seeking declaration that acquisitions have lapsed and quashing of notifications, and in one case, issuance of No Objection Certificate.

Filing Reason

Alleged non-compliance with Section 24 of the 2013 Act, leading to deemed lapse of acquisition proceedings.

Issues

Whether the acquisition proceedings have lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Judgment Excerpts

praying to declare that the land acquisition proceedings initiated against the schedule lands belonging to the petitioners have been lapsed by virtue of the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Acts & Sections

  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 24
  • Bangalore Development Authority Act, 1976: Section 17(1), Section 19(1)
  • Constitution of India, 1950: Article 226, Article 227
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