Petitioners challenged 1983/1985 land acquisition notifications for land in Kothihosahalli village, seeking declaration of lapse or quashing of the scheme. The court found inordinate, unexplained delay in filing the petition in 2014 and dismissed it 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 20TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.36844 OF 2014 (LA-BDA)
BETWEEN:
Digitally signed by V MANJUSHA BAI
Location: High Court of Karnataka
NC: 2024:KHC:2778 WP No. 36844 of 2014
…PETITIONERS
[BY SRI RAMESHA T.R., ADVOCATE (ABSENT)]
AND:
NC: 2024:KHC:2778 WP No. 36844 of 2014
BY ITS COMMISSIONER.
…RESPONDENTS
(BY SRI NAVEEN CHANDRASHEKAR, AGA FOR R.1 TO R.3; SRI K. KRISHNA, ADVOCATE FOR R-5; SRI K.N. PUTTEGOWDA, ADVOCATE FOR R.6. R.4: SERVED AND UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE/QUASH THE ACQUISITION PROCEEDINGS IN RESPECT OF THE LAND TO AN EXTENT OF 21 GUNTAS IN SY.NO.52 SITUATED AT KOTHIHOSAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK, PRELIMINARY NOTIFICATION ISSUED UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT, DATED 13.01.1983 BEARING NO.LAQ.SR.277/82-83 PRODUCED AT ANNEXURE 'D', AND FINAL NOTIFICATION ISSUED UNDER SECTION 6(1) OF THE LAND ACQUISITION ACT DATED 04.03.1985, BEARING NO.RD:172 AQB 84 DATED 04.03.1985, PRODUCED AS ANNEXURE 'E' ISSUED BY THE 3RD RESPONDENT ARE LAPSED ON ACCOUNT OF NONIMPLEMENTATION OF THE SCHEME AND CONSEQUENTLY THE SCHEME IN RESPECT OF SCHEDULE PROPERTY HAS BECOME INOPERATIVE OR ALTERNATIVELY QUASH THE NOTIFICATIONS ANNEXURES 'D' AND 'E', 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:2778 WP No. 36844 of 2014
Sd/JUDGE
VMB
List No.: 1 Sl No.: 16
1 issue framed by the court
Should the 1983-85 land acquisition notifications be declared lapsed or quashed given non-implementation of the scheme?
3 provisions across 2 enactments
Pillappa
Muniyamma
Munikrishnappa
Susheelamma
Narayanamma
Principal Secretary to the Government of Karnataka, Revenue Department
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
