Petitioners challenged land acquisition notifications of 1978 and 1985 as lapsed and void due to non-utilization by BDA. Court dismissed the petition for non-prosecution as learned counsel was absent and expressed lack of interest in prosecuting the matter.
None. Petition dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 18114 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18114 OF 2013 (LA-BDA)
BETWEEN:
BANGALORE-560005
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
WP No. 18114 of 2013
S/O LATE CHUNA ABDUL RAHMAN NO.10, LAZAR LAYOUT 1ST FLOOR, FRAZER TOWN BANGALORE-560005
…PETITIONERS
(BY SRI. B V RAMA MOORTHY, ADVOCATE-absent)
AND:
…RESPONDENTS
(BY SRI. NITHYANANDA D.R., AGA FOR R1 SRI MURUGESH V CHARATI, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
WP No. 18114 of 2013
DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENTS 1 AND 2 AS PER PRELIMINARY NOTIFICATION DATED 27.6.1978 [PUBLISHED IN THE KARNATAKA GAZETTE ON 20.7.1978] PART III [1] PAGES 67 TO 87 AT ANNEXURE-D, AND THE FINAL NOTIFICATION DATED 9.1.1985 PAGES 214 TO 233 PART III OF [1] OF THE KARNATAKA GAZETTE OF 14.3.1985 IN RELATION TO THE LANDS OF THE PETITIONERS COMPRISED IN SY.NO.138, MEASURING TO AN EXTENT OF 3 ACRES 34 GUNTAS OF KACHARAKANAHALLI VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK VIDE ANNEXURE-D1 AS HAVING LAPSED AND / OR ABANDONED ON ACCOUNT OF NON-UTILIZATION OF THE LANDS BY THE BDA FOR MORE THAN 27 YEARS AND BEING NULL AND VOID.
THIS WRIT PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sd/JUDGE
mv
2 issues framed by the court
Whether the writ petition challenging land acquisition proceedings should be allowed despite the petitioner's non-appearance.
Whether the acquisition proceedings, initiated in 1978 and 1985 and remaining unutilized for over 27 years, are void.
2 provisions across 2 enactments
UMMAI HANI (ASSOCIATED CHUNA MUSHTAQ AHMED, CHUNA RAFI AHMED, CHUNA ANEES AHMED, CHUNA IDRIS AHMED, MAIMUNA BEGUM)
THE STATE OF KARNATAKA
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY
THE SPECIAL LAND ACQUISITION OFFICER
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
