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THE HIGH COURT OF KARNATAKA
D K SINGH AND TARA VITASTA GANJU
BANGALORE DEVELOPMENT AUTHORITY – Appellant
Versus
M/S C P S ENTERPRISES – Respondent
| Table of Content |
|---|
| 1. challenge to judgment and procedural history. (Para 1 , 2) |
| 2. background of land acquisition notifications. (Para 3 , 4 , 5) |
| 3. petitioners' claim from public auction and objections. (Para 6 , 7 , 8 , 9 , 10) |
| 4. arguments regarding legal expectations and government actions. (Para 11 , 12 , 13 , 14) |
| 5. court's reasoning on land ownership and acquisition validity. (Para 15 , 16 , 17 , 18 , 19) |
| 6. final order allowing the writ appeal. (Para 20) |
JUDGMENT :
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra-Court appeal has been filed impugning the judgment and order passed by the learned Single Judge in Writ Petition Nos.16418-16419/2010 and other connected writ petitions. The said judgment and order passed by the learned Single Judge was subject matter of challenge in several writ appeals and a Division Bench of this Court, vide judgment and order dated 22.02.2024 passed in Writ Appeal No.1783/2014 and other connected writ appeals, set aside the impugned judgment and order passed by the learned Single Judge. The final directions issued by the Division Bench in paragraph 69 are extracted hereunder:
"i) The above appeals filed by the BDA are allowed;
ii) The order dated 11.
Public auction does not confer superior rights against lawful land acquisition, emphasizing public interest over individual acquisition claims.
Acquisition of isolated lands is unjustified if neighboring lands are excluded, necessitating adherence to Committee recommendations as per judicial directives.
Failure to demonstrate legal possession invalidates land acquisition; lapse of the acquisition scheme confirmed by statutory mandates.
The court confirmed that land acquisition remains valid despite claims of abandonment if possession was taken and the scheme implemented as per law.
The court held that subsisting interest is essential for maintaining land acquisition challenges, and statutory compliance prevails over claims of lapse unless proven otherwise.
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