Petitioners sought declaration that a 1976 house-sites acquisition notification and 1982 declaration had lapsed under Sections 24 and 25 of the 2013 Land Acquisition Act. The court held prior orders had upheld the award and rejected lapse claims; writ petition dismissed with direction to allot 30'x40' sites to petitioners.
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.
NC: 2024:KHC:9881 WP No. 37283 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 37283 OF 2016 (LA-RES)
BETWEEN:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
4(a) SHANKARA S/O THIMMEGOWDA, AGED ABOUT 58 YEARS, R/AT UGRANAPURAD, WARD No.5, MALAVALLI,
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MANDYA DISTRICT-571 430.
R/AT UGRNARA DODDI, MALAVALLI TALUK, MANDYA DISTRICT.
…PETITIONERS
(BY SRI. R HEMANTH RAJ., ADVOCATE)
AND:
…RESPONDENTS (BY SRI. V.G.BHANUPRAKASH, ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI MANJUNATHA.K., AGA FOR R-3; SRI. SHARANJITH SHETTY, ADVOCATE FOR R-4)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 ANS 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION DATED:23.7.1976 AND FINAL NOTIFICATION DATED:5.7.1982 (PRODUCED AT ANNEXURE-B & C) ISSUED BY THE R-2 UNDER SUB-SECTION (1) OF SECTION 3 OF THE KARNATAKA ACQUISITION OF LAND FOR GRANT OF HOUSE SITES ACT 1972 ARE LAPSED AS CONTEMPLATED UNDER SUB SECTION (1) AND (2) OF SECTION 24 AND SECTION 25 OF RIGHT TO FAIR AND COMPENSATION AND TRNASPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013 IN SO FOR AS THE PETITIONERS SCHEDULE LAND IS CONCERNED, ETC.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 (for short, “the Act”) was published. After considering the cause shown, the State Government decided to over-rule the objections and proceeded to issue a declaration as contemplated under Section 3(4) of the Act, on 05.07.1982.
W.P.Nos.4039 and 40180/1982 challenging the notification
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issued under Section 3(1) of the Act and also the declaration issued under Section 3(4) of the Act. This Court, by order dated 04.09.1987, dismissed the writ petitions and thereby upheld the notification and also the declaration.
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of lands. This order upholding the awards has also attained finality, inasmuch as the matter was not carried further. Thus, in respect of a preliminary notification of the year 1976, the award that had been passed was also upheld by an order of this Court on 04.06.1998.
“3. While the matter was argued at length, it was observed by this court that the petitioners claim to be possessed of large families, who have lost their primary source of livelihood in their lands having been acquired. They are, in fact, living without proper shelter and a livelihood and in order to accommodate them, it was suggested that the respondents provide sites to each of the petitioners. The respondents pointed out that the entire land that has been acquired as per the layout plan would be just sufficient to be distrivuted amongst the
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beneficiaries, who have been already identified, apart from taking into account other common areas and amenities to be provided, which would be required for the beneficial enjoyment of the house sites that are formed. But after obtaining further instructions, it was reluctantly stated that the petitioners can be accommodated in providing a 30’ x 40’ site, each.
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proceedings has lasted several decades by a series of petitions being filed and it is in order to ensure that there is no further impediment for the speedy implementation of the project, that this measure of directing the respondents to provide a site each to the petitioners is warranted.
With the above observations, the petition stands disposed of.”
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ground that it had lapsed was also negated by this Court and affirmed by the Division Bench also.
24 and Section 25 of the 2013 Act, and also for a declaration that the acquisition proceedings initiated by the respondents were without any jurisdiction.
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dismissed .
NC: 2024:KHC:9881 WP No. 37283 of 2016
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Sd/JUDGE
PKS,RK Ct: SN List No.: 2 Sl No.: 5
2 issues framed by the court
Whether the 1976 preliminary notification and 1982 declaration had lapsed under Sections 24 and 25 of the 2013 Act.
Whether a fresh challenge to the acquisition was maintainable after earlier rounds of litigation had upheld it.
5 provisions across 4 enactments
Sri. Thimme Gowda (by LRs) and others
The Principal Secretary, State of Karnataka
The Deputy Commissioner, Mandya District
The Special Land Acquisition Officer, Mandya District
Town Municipal Council, Malavalli Town
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
