Public purpose acquisition implies compliance with statutory provisions and judicial review focuses on procedural adherence, not disputes over substantive merits of the acquisition.

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. The present appeals are filed by the writ petitioner impugning the common order dated 03.02.2025, whereunder the learned Single Judge has dismissed the writ petitions.

2. The facts in a nutshell leading to the present appeals are that the appellant - a Public Charitable Trust (Trust) was registered under the Bombay Public Trusts Act, 1950 and established in the year 1942 with the object of helping any person or institution for relieving distress, improving health and physical condition, promoting spiritual, intellectual and social welfare, imparting educational training in all or any of its branches, advancing moral welfare, general welfare of mankind, more particularly, women, children, villagers, illiterate backward classes and suppressed people of the world. The Trust claims to have been established based on the inspiration received from the preachings of Mahatma Gandhi and Vinoba Bhave.

Brief Facts

3. The Trust claimed to be the owner of various lands in Srigandada Kaval village and Herohalli village, Yeshwanthpura Hobli, Bengaluru North Taluk.

4. Pursuant to a requisition made by respondent No.4 - Agricultural Produce Market Committee, Bengaluru (APMC established under the provisions of the Karnataka Agricultural Produce Marketing (Regulation and Development) Act , 1966 (Act, 1966) for the purpose of establishing a Mega Market, a preliminary notification dated 02.09.1994 (gazetted on 03.09.1994) was issued under Section 4 (1) of the Land Acquisition Act, 1894 (LA Act notifying a total extent of 172 acres 22 guntas in Survey Nos.12/1, 12/ 2, 13, 14, 16, 17, 18, 19, 42 and 43 of Srigandada Kaval village, Yeshwanthpura Hobli, Bengaluru North Taluk(subject 'A' property). The preliminary notification was stated to have been published in the local Kannada newspaper on 17.09.1994 and affixed in the Village Chavadi on 11.10.1994. A final notification was issued on 10.10.1996 under Section 6 of the LA Act. The final notification was published in the English daily newspaper - Indian Express on 30.10.1996 and in Kannada daily newspaper - Samyuktha Karnataka on 31.10.1996 and in the Village Chavadi on 06.12.1996. The draft award was prepared on 12.08.1998 for a compensation of Rs.9,14,14,827/-.

5. The Trust filed Writ Petition No.3884/1999 challenging the acquisition made in respect of the subject 'A' property and sought for the following reliefs:

(i) Declare that the entire acquisition proceedings commencing with the issue of a preliminary notification gazette on 3.9.1994 marked as Annexure-A in the writ petition have lapsed on account of the award not having been made within a period of two years in terms of Section 11A of the Land Acquisition Act.

(ii) Issue a writ of certiorari or any other writ, order or direction to quash Annexure-A, the preliminary notification LAQ (2) SR/32/94-95 DATED 2.9.1994 PUBLISHE DIN TH Karnataka Gazette dated 3.9.1994 and Annexure the final notification No. RDD 21 LAQ 96 dated 10.10.1996 published in the Karnataka Gazette dated 31.10.1996.

6. A learned Single Judge of this Court vide interim order dated 8.2.1999 stayed dispossession of the writ petitioner from subject 'A' property.

7. During the pendency of the said writ petition (i.e., WP.No.3884/1999) a preliminary notification dated 13.04.1999 was issued under Section 4 (1) read with Section 17 (4) of the Karnataka Amendment Act 33/1991 to the LA Act notifying a total extent of 104 acres 5 guntas of land in Survey Nos.30, 31, 32, 41 to 49, 51 and 52 of Herohalli village, Yeshwanthpura