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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K S HEMALEKHA
Rathna S. Reddy, W/o. Y.M. Srinivas Reddy – Appellant
Versus
State Of Karnataka, Department Of Revenue, Represented By Principal Secretary – Respondent
| Table of Content |
|---|
| 1. questioning land acquisition under kiad act (Para 1 , 2) |
| 2. arguments on delay in award and need for property (Para 4 , 5 , 6) |
| 3. court's evaluation of validity of acquisition (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. judicial precedents on acquisition delay (Para 14 , 15 , 16 , 17 , 18) |
| 5. final ruling on quashing acquisition (Para 19 , 20) |
ORDER :
K.S. HEMALEKHA, J.
1. The petitioner has called in question the acquisition proceedings initiated under Sections 28 (1) and 28 (4) of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short) in respect of land, Survey No.41/5 measuring 1 acre situated at Thalaghattapura Village, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru (hereinafter referred to as ‘scheduled land’).
Facts in brief:
2. The petitioner claims to be the absolute owner of the aforesaid land and continues to remain in actual physical possession thereof. The said land came to be notified for acquisition for the purposes of Bangalore- Mysore Infrastructure Corridor Project (BMICP) pursuant to the preliminary notification dated 14.06.2006 issued under Section 28 (1) of the KIAD Act and final notification dated 16.10.2008 issued under (4
Prolonged inaction in land acquisition proceedings for over 17 years renders the acquisition invalid, as timely conclusion is a component of property rights under Article 300A.
Authorities must complete land acquisition proceedings within a reasonable timeframe; prolonged inaction constitutes a violation of constitutional rights under Article 300A.
Inordinate delay of 14 years in land acquisition invalidates the process, necessitating quashing of prior notifications and ensuring entitlement to compensation under the 2013 Act.
The main legal point established in the judgment is that once the Final Notification is issued under the Karnataka Industrial Areas Development Act, 1966, the land vests in the State, and objections ....
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