A writ petition sought quashing of 1988-89 notifications acquiring the petitioner's Singasandra lands for a cooperative society, or lapse under Section 24(2) LAQ Act 2013. As possession had been taken and the award passed long back, and the petitioner could not explain 33 years' delay, the court dismissed the 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 25TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.6365 OF 2021 (LA-RES)
BETWEEN:
R/AT SINGASANDRA VILLAGE BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT-560 068.
…PETITIONER
(BY SRI M.N. MADHUSUDHAN, ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
NC: 2024:KHC:23484 WP No. 6365 of 2021
COOPERATIVE SOCIETY LIMITED NO.29, GANDHI BAZAR BENGALURU-560 004 REP. BY ITS SECRETARY.
…RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R.1 TO R.3; SRI ANANDA, ADVOCATE FOR R.4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-'A'-THE IMPUGNED NOTIFICATION ISSUED BY THE 2ND RESPONDENT UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT IN LAQ(1)/SR-3/88-89 DATED 05.09.1988 PUBLISHED IN KARNATAKA GAZETTE ON 29.09.1988 AND ANNEXURE 'B' BEING THE FINAL NOTIFICATION ISSUED UNDER SECTION 6(1) OF THE LAND ACQUISITION ACT DATED 30.09.1989 IN RD 87 LAQ 88 WHICH ARE PUBLISHED IN 'PRAJAVANI' DAILY DATED 07.10.1989 BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTIONS: SO FOR IT CONCERNED THE LAND BEARING SY.NO.103/3 MEASURING 1 ACRE 15 GUNTAS INCLUDING KHARAB AND SY.NO.103/6 MEASURING 2 ACRES 2 GUNTAS BOTH ARE SITUATED AT SINGASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO
CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
"WHEREFORE, the petitioner above-named prays that this Hon'ble court be pleased to grant the following relief/s:
a) Quash Annexure 'A' - the impugned notification issued by the 2nd respondent under section 4(1) of the Land Acquisition Act in LAQ(1)/SR3/88-89 dated 05.09.1988 published in Karnataka Gazette on 29.09.1988 and Annexure 'B' being the final notification issued under section 6 (1) of the Land Acquisition Act dated 30.09.1989 in RD 87 LAQ 88 which are published in 'Prajavani' daily dated 07.10.1989 by issue of writ of certiorari or any other appropriate writ or order or directions: so for it concerned the land bearing Sy.No.103/3 measuring 1 acre 15 guntas including Kharab and Sy.No.103/6 measuring 2 acres 2 guntas both are situated at Singasandra village, Begur
could not have been acquired for the purposes of respondent No.4 - Society and is contrary to the decisions of this Court as well as Apex Court. However, he is not in a position to dispute the fact that lands have been taken possession and award has been passed in respect of the said lands long back.
NC: 2024:KHC:23484 WP No. 6365 of 2021
Sd/JUDGE
VMB
1 issue framed by the court
Should the 1988-89 land acquisition notifications for the petitioner's Singasandra village lands be quashed despite possession taken long ago?
4 provisions across 3 enactments
R. Chinnappa
State of Karnataka, Revenue Department, rep. by its Principal Secretary
The Special Deputy Commissioner, Bengaluru Urban District
The Special Land Acquisition Officer and the Assistant Commissioner, Bengaluru South Sub-Division
The Aircraft House Building Cooperative Society Limited, rep. by its Secretary
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
