Landowner challenged 2006 preliminary and 2008 final notifications acquiring land for Karnataka Housing Board. Award was passed, compensation deposited, and plots allotted to third parties before the 2014 petition; allottees were not impleaded. The court dismissed the writ petition for delay and laches.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.16505 OF 2014 (LA-KHB)
BETWEEN:
…PETITIONER
(BY SRI M.S. VARADARAJAN, ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
…RESPONDENTS
(BY SRI NAVEEN CHANDRASHEKAR, AGA FOR R.1; SRI RAGHAVENDRA A. KULKARNI, ADVOCATE FOR R.2)
NC: 2024:KHC:702 WP No. 16505 of 2014
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PARYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, QUASHING THE PRELIMINARY NOTIFICATION BEARING NO.KHB/LAQ/45/2006-07 DATED 14.06.2006 (ANNEXURE-A) AND ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, QUASHING THE FINAL NOTIFICATION BEARING NO.REV/42/LA.BANG-2008 DATED 15.03.2008 (ANNEXURE-B) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:702 WP No. 16505 of 2014
thereafter, award has been passed and the amount has been deposited in the Reference Court. It is also submitted that subsequent to completion of the acquisition proceedings, plots have been allotted to private individuals and that the writ petition has been filed belatedly in the year 2014 after third party rights have been created and allottees are not made parties to the proceedings.
NC: 2024:KHC:702 WP No. 16505 of 2014
dismissed for delay and latches.
Sd/JUDGE
VMB List No.: 1 Sl No.: 39
1 issue framed by the court
Whether a writ petition challenging 2006 preliminary and 2008 final acquisition notifications filed in 2014, after award and third-party allotments, could be entertained despite delay and laches?
1 provisions across 1 enactments
P. Prakash
The State of Karnataka by its Secretary to the Department of Housing and Urban Development
The Karnataka Housing Board
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
