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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Desikachar, S/o. Late Hanumantharayachar – Appellant
Versus
State Of Karnataka, Urban Development Department, Represented By It's Secretary – Respondent
| Table of Content |
|---|
| 1. the court establishes the factual background regarding the property acquisition. (Para 1 , 3) |
| 2. petitioners argue for exclusion based on the committee's recommendation. (Para 4 , 5) |
| 3. the court critically reviews the committee's findings and the actions of the bda. (Para 6 , 7 , 8 , 9) |
| 4. court concludes with an order quashing the acquisition and outlines the consequences. (Para 10) |
ORDER :
M.NAGAPRASANNA, J.
The petitioners are before this Court, calling in question a final notification dated 18-06-2014, insofar as the lands of the petitioners are concerned. The lands are as described in the schedule appended to the prayer. For the sake of convenience, facts obtaining in W.P.No.33644 of 2024 would be narrated.
2. Heard Sri Radhanandan B S, learned counsel appearing for petitioners, Sri M Rajakumar, learned Additional Government Advocate appearing for respondent No.1 and Sri B Vachan, learned counsel appearing for respondents 2 and 3, in both the petitions.
3. Facts in brief, germane, are as follows:
3.1. The petitioners are the absolute owners of the schedule property. They had executed a full settlement sale agreement along with a General Power of Attorney on 25-09-19
Acquisition of isolated lands is unjustified if neighboring lands are excluded, necessitating adherence to Committee recommendations as per judicial directives.
Court emphasized that land acquisitions must adhere to legal principles established in previous rulings, ensuring practical and logical considerations before proceeding.
Lack of objection in prior acquisition proceedings bars later claims for de-notification by landowners, affirming the finality of judicial orders.
Land ownership claims based on unidentifiable sale deeds were dismissed, upholding the committee's findings due to lack of clear identification.
The court directed the BDA to expedite the allotment process for land sites in accordance with previous rulings, ensuring timely responses to all representations.
The court emphasized the need for the Bangalore Development Authority to expedite the processing of land allotment applications in line with existing legal frameworks and mandates.
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