IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 15305 OF 2025 (LA-RES)

BETWEEN:

SRI M G MOHAMMAD KHASIM

S/O LATE ABDUL GHANI, AGED ABOUT 92 YEARS,

R/AT KOPPA VILLAGE, PERIYAPATNA TALUK,

MYSORE DISTRICT- 571 104.

…PETITIONER

(BY SRI. SAMEER S N., ADVOCATE)

AND:

1. STATE OF KARNATAKA,

REPRESENTED BY ITS SECRETARY,

REVENUE DEPARTMENT,

M.S. BUILDING,

Digitally signed by

MAHALAKSHMI B M AMBEDKAR VEEDHI,

Location: HIGH

BENGALURU 560 001.

COURT OF

KARNATAKA

2. THE SPECIAL LAND ACQUISITION

OFFICER AND COMPETENT AUTHORITY,

DEPUTY COMMISSIONER MYSORE DISTRICT,

MYSORE 570 005.

3. THE ASSISTANT COMMISSIONER,

HUNSUR SUB-DIVISION OFFICE,

HUNSUR-571 105.

4. THE TAHSILDAR PERIYAPATNA TALUK OFFICE, PERIYAPATNA-571 107.

…RESPONDENTS (BY SRI. HARISHA A S., AGA FOR R1 TO R4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDA PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION NO- LAQ.HSL.SR.251/1978-79 DATED- 30-11-1978 AND FINAL NOTIFICATION NO- LAQ.HSL.SR.251/1978-79 DATED- 02- 12-1979 ISSUED BY RESPONDENT NO.2-DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE AT ANNEXURE-A AND ANNEXURE-B RESPECTIVELY IN THE ENDS OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

This is a classic example of a 'dead' land acquisition proceeding initiated under the old law i.e., the Land Acquisition Act, 1894 (for short 'the LA Act, 1894') and it falls under the new Act i.e., The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act, 2013').

2. The petitioner has approached this Court seeking to quash the preliminary notification dated 30.11.1978 (Annexure-A) and the final notification dated 02.11.1979 (Annexure-B) on the ground that, despite lapse of more than 4 decades, the respondent-authorities have neither passed an award nor paid compensation or taken possession of the acquired land and therefore, the entire acquisition proceedings have lapsed.

3. Heard learned counsel for the petitioner and learned Addl. Government Advocate for respondent Nos.1 to 4.

4. The petitioner claims ownership of the land bearing Survey No.2 measuring 3 acres 20 guntas and in Survey No.3 measuring 3 acres 38 guntas of Koppa Village, Haranahalli Hobli, Periyapatna Taluk, Mysore District (for short 'the schedule property'). Respondent No.2 issued a preliminary notification dated 30.11.1978 followed by a final notification dated 02.12.1979 proposing to acquire the petitioner's land for providing house sites to the weaker sections under the Karnataka Acquisition of Land for Grant of House Sites Act, 1972.

5. Learned counsel for the petitioner submits that pursuant to the said notifications, neither award has been passed nor compensation has been paid and possession of the schedule property has never been taken.

6. Learned Addl. Government Advocate has filed statement of objections. Paragraph No.3 thereof categorically admits that there are no records evidencing passing of an award, payment of compensation or taking possession pursuant to the acquisition notification.

7. It is well settled that Section 11-A of the LA Act, 1894 is mandatory and failure to pass an award within the prescribed period results in automatic lapse of acquisition by operation of law. Once such lapse occurs, the acquisition proceedings become non-est.

8. The issuance of the preliminary and final notifications by itself does not vest land in the state, unless the acquisition culminates in passing of an award and lawful taking of possession. Prolonged inaction on part of the acquiring authority defeats the very object of acquisition.

9. Moreover, the State admits absence of records relating to award, compensation and possession, this Court has to declare lapse of acquisition, particularly where landowners were kept in uncertainty for decades in v