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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.M.JOSHI
Thimme Gowda – Appellant
Versus
Principal Secretary, State of Karnataka – Respondent
| Table of Content |
|---|
| 1. condonation of delay in appeal (Para 1 , 2) |
| 2. background of land acquisition cases (Para 3 , 4 , 5 , 6) |
| 3. argument for lapse of land acquisition (Para 7) |
| 4. conditions for deemed lapse under section 24(2) (Para 8 , 9) |
| 5. acknowledgment of compensation receipt (Para 10) |
| 6. dismissal of appeal as meritless (Para 11) |
JUDGMENT :
C.M. JOSHI, J.
1. For the reasons stated in the affidavit accompanying the application, IA No.1/2025 is allowed. Delay of 448 days in filing the appeal is condoned. IA No.2/2025 to bring the LRs of deceased appellant No.10 is also allowed as it is not opposed by any party.
2. Being aggrieved by the order of dismissal of Writ Petition No.37283/2016 [LA-RES] dated 11.03.2024, by the learned Single Judge, the appellants [petitioners] are before this Court in this intra Court appeal under Section 4 of the Karnataka High Court Act, 1961.
3. The grievance of the appellants is that their agricultural lands totally measuring 33 acres 7.5 guntas, were acquired by a Preliminary Notification dated 23.07.1976 and Final Notification dated 05.07.1982 under the provisions of The Karnataka Acquisition of Lands for Grant of House Sites Act, 1972 [the Act]. Challengin
Acquisition proceedings do not lapse under Section 24(2) of the Act if possession of land is taken and compensation paid, reinforcing prior judicial rulings.
Lapse of land acquisition proceeding – Deemed lapse of land acquisition proceedings under Section 24(2) of 2013 Act takes place where due to inaction of authorities for five years or more prior to co....
A subsequent purchaser cannot challenge land acquisition if possession has been taken over before their purchase.
Lapse of land acquisition proceeding – To attract Section 24(2) of Act, 2013 twin conditions of not taking possession and not tendering/payment of compensation are required to be satisfied.
Lapse of land acquisition proceeding – Landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that acquisition proceedings had lapsed under Se....
Land acquisition proceeding will not lapse where possession of land could not be taken by authority due to pending litigation/stay.
Lapse of land acquisition proceeding – Once possession of land in question was taken over on 12.03.1981 then acquisition of land in question is not deemed to have lapsed under Section 24(2) of Right ....
Lapse of land acquisition proceeding – If acquiring body/beneficiary was not able to take possession due to pending litigation in a proceeding initiated by land owner, thereafter land owner cannot be....
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