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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A. PATIL
Commissioner, Bangalore Development Authority – Appellant
Versus
State Of Karnataka Represented By Urban Development Department – Respondent
JUDGMENT :
VIJAYKUMAR A. PATIL, J.
This appeal is filed by the Bangalore Development Authority (BDA) under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 07.11.2022 passed by the learned Single Judge in W.P.No.46501/2017 (LA-BDA).
2. The brief facts leading to filing of the appeal are that the deceased respondent No.2 filed a writ petition seeking prayer to declare that the preliminary notification dated 26.03.1999 and the final notification dated 11.09.2000 are lapsed insofar as the schedule property. It is averred that the deceased respondent No.2 was the owner of the lands in different survey numbers of Gollahalli Village, Uttarahalli Hobli, Bangalore South Taluk, including land in Sy.No.16/1A measuring 20 guntas of Anjanapura Village, Uttarahalli Hobli, Bangalore South Taluk, which is the subject matter of this appeal. It is further averred that in the said property, the family members of the deceased respondent No.2 are residing from the last 30-35 years and out of the said extent, 20 guntas of the land has been notified for acquisition and the remaining extent of the said survey number has been sold to third party. It is also averred that the appe
Acquisition proceedings lapse as government fails to take possession and pass awards within reasonable time; prior court liberties enable claims for de-notification.
The court established that an acquisition may lapse if not substantially implemented within a reasonable timeframe, affirming the landowner's right to challenge ineffective acquisitions.
The court held that subsisting interest is essential for maintaining land acquisition challenges, and statutory compliance prevails over claims of lapse unless proven otherwise.
Failure to demonstrate legal possession invalidates land acquisition; lapse of the acquisition scheme confirmed by statutory mandates.
Acquisition proceedings under the Bangalore Development Authority Act lapsed due to non-implementation, lack of possession, and failure to pay compensation, affirming abandonment in line with precede....
The court clarified the conditions for the lapse of a proceeding under Sec. 27 of the Act and emphasized the importance of considering inordinate delay and finality of acquisition proceedings before ....
Subsequent purchasers cannot challenge acquisition proceedings, and challenges to possession and allotment must be made within a reasonable time.
Acquisition proceedings lapse if there is no substantive implementation or legally acceptable evidence of possession by the authority.
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