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.

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]. Challenging the said acquisition, the petitioners had approached this Court in Writ Petition Nos.37331-333/1982; Writ Petition Nos. 38122-123/1982; Writ Petition No.4039/1982; and Writ Petition No. 40180/1982. By order dated 04.09.1987, this Court dismissed the writ petitions upholding the acquisition.

4. Thereafter, an award was passed on 03.10.1989, which was again challenged by the petitioners in Writ Petition No.6852/1990 and Writ Petition Nos.10144-151/1989. This Court, again, dismissed the writ petitions rejecting the contention that the awards were illegal by order dated 04.06.1998. These orders in the Writ Petitions have attained finality, as they were not carried further.

5. The petitioners once again, approached this Court in Writ Petition Nos.21177-21193/2012 seeking for a declaration that the lands of the petitioners, which were notified for acquisition from amongst 33 acres 7.5 guntas had lapsed and acquisition has been rendered void. By an order dated 11.12.2013, this Court disposed the same, albeit, with directions that each of the petitioners be allotted a site measuring 30 ft. x 40 ft., on the basis of the submissions by the respondents therein that such allotments could be made. It was observed in para 4 of the said order as below:

"4. The learned Counsel for the Petitioners however, were not satisfied with the offer and were inclined to seek sites of larger dimensions in order to give up their claim and give a quietus to the proceedings. In the interest of justice however, since the petitioners have lost their valuable lands and it is not also on record that they have received compensation in respect of the lands so acquired, either by volition or default, it is not unjust in the petitioners being conferred such a benefit by the respondents providing each of them a site measuring 30' X 40'."

Thus, challenge to the acquisition on the ground that it had lapsed was not accepted by the Court. The said order was carried in Writ Appeal Nos.279-295/2014 and the same came to be dismissed.

6. Subsequently, the petitioners, once again, approached this Court in Writ Petition No.37283/2016 contending that even after issuance of the Final Notification in the year 1982, the respondents have not taken any steps to implement the entire scheme either partially or substantially and they have failed to allot any sites to the weaker sections of the society, for which purpose, the lands were acquired. In other words, the respondents have abandoned the project and the entire acquired land is lying vacant for more than 50 years. The learned Single Judge dismissed the writ petition by observing that the petitioner's ground that the award was beyond the period of 02 years prescribed under Section 11A of the LAND ACQUISITION ACT [the Act of 1894], was negated in an earl