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NC: 2023:KHC:38134-DB
WA No. 1203 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO.1203 OF 2023 (LA-RES)
BETWEEN:
1. M.RAJESH
S/O LATE MUNISWAMAPPA
AGED ABOUT 38 YEARS
R/AT NO 61/2,
VENKATESHWARA TEMPLE ROAD,
MANGAMMANA PALYA,
BENGALURU - 560 068
2. M NAGARAJ
S/O LATE MUNISWAMAPPA
AGED ABOUT 42 YEARS
R/AT SY NO 17/8,
YELLUKUNTE VILLAGE,
Digitally signed ITI LAYOUT, MANGAMANAPALYA,
by SHARADA BEGUR HOBLI,
VANI B BANGALORE SOUTH TALUK,
Location: HIGH BENGALURU - 560 068
COURT OF ...APPELLANTS
KARNATAKA
(BY SRI KESHAVA BHAT A., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS UNDER SECRETARY
TO GOVERNMENT, HOUSING AND URBAN
DEVELOPMENT DEPARTMENT
M S BUILDINGS,
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WA No. 1203 of 2023
DR B R AMBEDKAR VEEDHI,
BENGALURU - 560 001
2. THE SPECIAL LAND ACQUISITION OFFICER
2ND FLOOR, V V TOWERS, PODIUM BLOCK,
DR AMBEDKAR VEEDHI,
BENGALURU - 560 001
3. THE DEPUTY COMMISSIONER
BANGALORE DISTRICT,
DIST OFFICE COMPOUND,
K G ROAD, BENGALURU -560 009
4. THE BENGALURU DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD, KUMARA PARK WEST
BENGALURU 560001
REP BY ITS COMMISSIONER
5. ITI EMPLOYEES HOUSING BOARD
CO OPERATIVE SOCIETY LTD
ITI TOWNSHIP, DOORAVANINAGAR
BANGALORE 560 016
REP BY ITS PRESIDENT
6. B LINGAPPA,
S/O LATE BASAPPA
AGED ABOUT 76 YEARS
R/AT NO. 258, 4TH CROSS, AYYAPPA NAGAR,
DEVASANDRA MAIN ROAD
BENGALURU 560 036
7. SRINIVASA RAJU,
S/O MR SUBBARAJU
AGED ABOUT 40 YEARS
R/AT 412 1ST CROSS
NEELAKNATESHWARA LAYOUT
MANGAMMANAPALYA, BOMMANAHALLI POST
BENGALURU 560 068
8. GARGI NADIMPALLI
S/O SRINIVASARAJU
AGED ABOUT 38 YEARS,
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WA No. 1203 of 2023
R/AT NO. 412, 1ST CROSS
NEELAKANTESWARA LAYOUT
MANGAMMANAPALYA
BOMMANAHALLI POST,
BENGALURU 560 068
9. K M SURESH,
S/O LATE MAL LAPPA
AGED ABOUT 67 YEARS
R/AT NO. 8, 8TH CROSS
SIR M V NAGAR
RAMAMURTHY NAGAR
BENGALURU 560 016
10. ALI NAWAZ
AGED ABOUT 57 YEARS
S/O LATE MIRZA BAHEER ALI
NO. 44 8TH th B MAIN
NIMHANS LAYOUT HBCS
BTM I STAGE,
BENGALURU 560 029
11. TAZEEN NAWAZ
AGED ABOUT 47 YEARS,
W/O ALI NAWAZ
NO. 44, 8TH B MAIN,
NIMHANZ LAYOUT HBCS,
BTM I STAGE,
BENGALURU 560 029
12. L YESUDAS
AGED ABOUT 73 YEARS,
S/O LATE LURDUNATHAN
R/AT NO. 22, KAMALAMMA LAYOUT,
RAMAMURTHYNAGAR
BENGALURU 560 016
13. MOHAMMAED YOUSUF,
S/O M K IBRAHIM
AGED ABOUT 51 YEARS
R/AT NO. 151, 5TH CROSS,
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WA No. 1203 of 2023
ITI LAYOUT, J P NAGAR IST PHASE,
BENGALURU 560 078
14. T PHANIRAJ HEBBAR,
S/O LATE T NARAYANA HEBBAR
AGED ABOUT 72 YEARS
R/AT NO. 297, 11TH CROSS,
25TH MAIN IST PHASE,
J P NAGAR,
BENGALURU 560 078
15. MANJUNATHA B R
AGED ABOUT 41 YEARS,
S/O LATE RAMAKRISHNA REDDY,
R/AT NO. 19, 2nd FLOOR,
2ND CROSS, PATEL LAYOUT,
WARD NO. 149 BALAGERE ROAD,
VARTHURU
BENGALURU 560 087
16. M KUMAR,
S/O LATE MUNISWAMAPPA
AGED ABOUT 66 YEARS
R/AT NO. D-67, EAST,
4TH LANE , ITI COLONY,
DOORAVANI NAGAR,
BENGALURU 560 016
17. S NAGARAJA,
S/O LATE SANJEEVA RAJU
AGED ABOUT 50 YEARS
R/AT NO. 101 4th CROSS,
MANGAMMANA PALYA,
BENGALURU 560 068
18. SMT. HEMAVATHI RAJ,
S/O NAGARAJA
AGED ABOUT 38 YEARS
R/AT NO. 101, 4TH CROSS,
MANGAMMANA PALYA
BENGALURU 560 068
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19. K VISHWESHWARAIAH,
S/O LATE KRISHNAPPA
AGED ABOUT 69 YEARS
R/AT D 216, NORTH RING ROAD,
ITI COLONY, DOORAVANINAGAR
BENGALURU 560 016
20. RANGE GOWDA,
S/O LATE RAME GOWDA
AGED ABOUT 50 YEARS
R/AT NO. 40, 3RD CROSS,
HOSA PALYA,
BENGALURU 560 068
21. M NAGARAJA REDDY,
S/O LATE A MUNIREDDY
AGED ABOUT 53 YEARS
R/AT IST CROSS,
MANGAMMANA PALYA
BENGALURU 560 068
22. SMT NIRMALA M S
W/O LATE B SHIVANANDA
AGED ABOUT 65 YEARS
R/A NO.737, 4TH C CROSS
8TH BLOCK, JAYANAGAR
BENGALURU-560 070
23. SMT B.S. JAYASHREE
SISTER OF LATE B S PADA
AGED ABOUT 53 YEARS
R/A NO.202/A-51 JAGANMATHRU NILAYA
5TH MAIN, IST CROSS
CHIKKANAGARDEN
CHAMRAJAPETE
BENGALURU-560 018
24. NANDA KUMAR
S/O LATE MUNI REDDY
AGED ABOUT 64 YEARS
R/A YELLUKUNTE ROAD
MANGAMMA PALYA
BOMMANAHALLI POST
BENGALURU-560 068
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25. SMT N SHANTHAMMA
W/O T K SRINIVASAIAH
AGED ABOUT 61 YEARS
R/A NO.308, 6TH CROSS
4TH MAIN, VENKATAPURA
KORAMANGALA IST BLOCK
BENGALURU-560 034]
26. M MANJUNATH
S/O LATE MUNIYAPPA
AGED ABOUT 53 YEARS
R/A NO.39, 16/11 SHIVASHAKTHI NILAYA
KAVERI LAYOUT MANGAMMANAPALYA
BENGALURU-560 068
27. K M SHEIK MOIHDEEN
AGED ABOUT 69 YEARS
S/O SHEIK MOHAMED MOIHDEEN
R/AT NO.76, SHOP NO.3 AND 4 ]
LIMHRA STORE MANGAMMANAPALYA
BENGALURU-560 068
28. R SANTOSH KUMAR
S/O N RAMA REDDY
AGED ABOUT 41 YEARS
R/AT NO.42/1 MUNESHWARA LAYOUT
SOMASUNDARA PALYA
BENGALURU-560 102
29. BUTCHAIAH
AGED ABOUT 76 YEARS
R/A NO.559 HMT LAYOUT 4TH CROSS
6TH MAIN GANGANAGAR, BENGALURU-560 032
30. S K SURYA PRAKASH
S/O S K RAMPRASAD
AGED ABOUT 72 YEARS
NO.21, SHREENIVASA KRUPA IST STAGE
PIPELINE ROAD 81ST CROSS
KUMARASWAMY LAYOUT
BENGALURU-560 078
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31. AZAMATHULLA
S/O LATE ABDUL AZEEZ
AGED ABOUT 49 YEARS
B S R/A NO.15, 8TH MAIN BTM LAYOUT
BENGALURU-560 029
32. C RAJANNA
S/O LATE CHINNAPPA REDDY
AGED ABOUT 73 YEARS
R/AT NO.844 2ND CROSS, BSV REDDY LAYOUT
RAMAMURHTY NAGAR , BENGALURU-560 016
33. MOHAMMAED YOUSUFF
S/O M K IBRAHIM
AGED ABOUT 51 YEARS
NO.151, 5TH CROSS ITI LAYOUT
J P NAGAR I PHASE
BENGALURU-560 078
34. G K GANGADHAR
S/O LATE G M KRISHNAPPA
AGED ABOUT 56 YEARS
NO.192, 6TH CROSS RHB COLONY
WHITEFIELD ROAD
MAHADEVAPURA
BENGALURU-560 048
35. ABDUL ALEEM
S/O LATE ABDUL RASHEED
AGED ABOUT 54 YEARS
R/AT FLAT NO.003
SKYLINE MANOR NO.7 AND 8
BRIDE STREET, LANGFORD ROAD
RICHMOND TOWN
BENGALURU-560 025
36. RAVISHANKAR M
S/O LATE M MUNISWAMY
AGED ABOUT 50 YEARS
R/A NO.23 ANUGRAHA 33RD MAIN,
5TH B BLOCK BHAVANI HBCS LAYOUT
BANAGIRI NAGAR, BSK 3RD STAGE
BENGALURU-560 085
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37. RAMESHCHANDRA
S/O JAYARAMJI
AGED ABOUT 37 YEARS
R/A NO.627, 3RD FLOOR, 9TH MAIN,
HSR LAYOUT, SECTOR-7
BENGALURU-560 10
38. MRS UGMA DEVI J
S/O RAMESH CHANDRA
AGED ABOUT 35 YEARS
R/A NO.627, 3RD FLOOR,9TH MAIN,
HSR LAYOUT, SECTOR-7, BENGALURU-560 102
39. MR BHASKAR
S/O LATE M MUNIRAMAIAH
AGED ABOUT 48 YEARS
NO.60, SLV TEMPLE ROAD
MANGAMMANAHAPALYA
BENGALURU-560 068
40. H V ESHWARA PRASAD
S/O LATE VENKATARAMAIAH
AGED ABOUT 65 YEARS
R/A NO.169/B, 4TH MAIN, 3RD CROSS
J P NAGAR 3RD PHASE
BENGALURU-560 078
41. MRS V SHAMALA
W/O A VIJAYA KUMAR
AGED ABOUT 56 YEARS
R/A NO.6, 2ND FLOOR
IST MAIN, IST CROSS
SVG NAGAR
BENGALURU-560 072
42. MOHAMMED YOUNUS IBRAHIM
AGED ABOUT 51 YEARS
S/O M K IBRAHIM
R/AT NO 151
5TH CROSS, ITI LAYOUT
J P NAGAR ,1ST PHASE
BENGALURU 560 078
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43. V MOHAN RAO
S/O VENKATAPPA
AGED ABOUT 73 YEARS
NO 229, 10TH B MAIN
1ST BLOCK , HRBR LAYOUT
BENGALURU 560 043
44. MURALIDHAR S
S/O LATE S L SRINVISAN
AGED ABOUT 60 YEARS
NO 32/13, WAT STREET
BASAVANAGUD
BENGALURU 560 004
45. B C MANJUNATHA GOWDA
S/O LATE B D CHANNE GOWDA
AGED ABOUT 63 YEARS
R/AT BERNAGODU
JENNAGADDE OST
CHIKKAMAGALURU TALUK
CHIKKAMGALURU DIST 577 136
46. D KOSHAL KUMAR
S/O LATE M DEVARAJ
AGED ABOUT 69 YEARS
R/AT NO 11, 7TH STREET
ASHOKNAGAR
BENGALURU 560 025
47. KANNAN
S/O LATE SUNDARAM
AGED ABOUT 80 YEARS
R/A NO 2, 2ND CROSS,
ANNAYAPPA BLOCK
BENSON TOWN POST
BENGALURU 560 046
48. MOHAN PATEL
S/O JEETHARAM PATEL
AGED ABOUT 39 YEARS,
R/AT NO 11, 16/4, 3RD FLOOR,
OPPOSITE SUN SHINE ENGLISH SCHOOL,
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ITI LAYOUT, MANGAMMANAPALYA
BENGALURU 560 068
49. MANGILAL
S/O DEVARAM
AGED ABOUT 41 YEARS,
NO 1122, 1ST FLOOR,
26TH B MAIN, 9TH BLOCK,
JAYANAGAR,
BENGALURU 560 011]
50. MRS VIDURY DAVID,
W/O D DAVID
AGED ABOUT 67 YEARS
NO 26/2, 5TH CROSS, LINK ROAD
KODIHALLI, HAL AIRPORT ROAD
BENGALURU 560 008
51. K S RAMACHANDRA,
S/O SRIKANTA SHASTRY
AGED ABOUT 77 YEARS
NO 66/2, 4TH CROSS,
SRIRAMAPURA,
BENGALURU 560 021
52. MRS PUSHPALATHA,
D/O KRISHNAPPA
AGED ABOUT 47 YEARS
R/AT NO 24, 4TH CROSS,
BASAVESHWARA LAYOUT,
NAGASHETTY HALLI,
BENGALURU 560 094
53. SOMASHEKARAIAH Y,
S/O LATE YEDIYURAPPA
AGED ABOUT 64 YEARS
R/AT NO 302, 1ST A CROSS,
SHIVAKRUPA, KTV LAYOUT,
KRISHNARAJAPURAM,
BENGALURU 560 036
54. R KRISHNAMURTHY,
S/O LATE RAMAKRISHNAPPA
AGED ABOUT 77 YEARS
R/AT NO. 57, 10TH CROSS,
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WA No. 1203 of 2023
R R TEMPLE ROAD, J C LAYOUT,
DEVASANDRA K R PURAM
BENGALURU 560 036
55. RAJANIKANTH
S/O LATE JAYARAMA NAIDU
AGED ABOUT 47 YEARS,
R/AT NO. 8, FLAT NO. B-2
IST MAIN, IST CROSS,
ITI LAYOUT, MANGAMMANAPALYA MAIN ROAD,
BENGALURU 560 068
56. MRS. BHUVANESHWARI
S/O RAJANIKANTH
AGED ABOUT 47 YEARS,
R/AT NO. 8 FLAT NO. B-2
IST MAIN, IST CROSS,
ITI LAYOUT,
MANGAMMANAPALYA MAIN ROAD,
BENGLAURU 560 068
57. MAHESH M,
S/O G MUNIRAJU
AGED ABOUT 42 YEARS
R/AT NO. 85 Ist MAIN Ist CROSS,
NEELAKANTESHWARA EXTN.,
MANGAMMANAPALYA MAIN ROAD,
BENGLAURU 560 068
58. G SRIHARI,
S/O LATE GOVINDASWAMY
AGED ABOUT 59 YEARS,.
R/AT NO 36/5, G BLOCK,
2nd CROSS, 20TH MAIN,
SAHAKARANAGAR
BENGALURU 560 092
59. M SATHISHA
S/O CHIKKMUNIYAPPA
AGED ABOUT 42 YEARS,
NO. 91/48, Ist FLOOR,
8th CROSS, 22ND MAIN
SECTOR -1 HSR LAYOUT,
BENGALURU 560 102
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60. VENKATARAJU,
S/O BAKKARAJU BAGGA
AGED ABOUT 63 YEARS
R/AT NO. 53 IST FLOOR,
5th CROSS, HOSAPALYA,
OPP TO NEW MOTHER
THERASA ENGLISH SCHOOL
BOMMANAHALLI POST,
BENGALURU 560 068
61. MRS. JANAKI VENKATESH LAKKA,
S/O VENKATARAJU BAKKARAJU BAGGA
R/AT NO. 53 Ist FLOOR,
5th CROSS, HOSAPALYA,
OPP TO NEW MOTHER
THERASA ENGLISH SCHOOL
BOMMANAHALLI POST,
BENGALURU 560 068
62. MOHAMMED SHARIEF,
S/O IBRAHIM SHARIEF
AGED ABOUT 73 YEARS
R/AT NO. 1112, AMEER LANE
VIJANAPURA
BENGALURU 560 016
63. K MANOHAR
AGED ABOUT 66 YEARS
S/O LATE RAGHAVARAJU,
R/AT NO. 59 1st FLOOR,
12th CROSS, 5TH MAIN,
WILSONGARDEN,
BENGLAURU 560 030
64. B SUBRAMANYA RAJU
AGED ABOUT 61 YEARS,
S/O B RAMRAJU,
R/AT NO. 19, 2ND CROSS,
NANJAPPA LAYOUT,
ADUGODI,
BENGLAURU 560 030
65. MRS. LAKSHMAMMA
AGED ABOUT 60 YEARS,
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WA No. 1203 of 2023
W/O B SUBRAMANYA RAJU,
R/AT NO. 19 2nd CROSS,
NANJAPPA LAYOUT,
ADUGODI,
BENGALURU 560 030
66. MRS. G PARVATHI
AGED ABOUT 38 YEARS,
W/O G CHANDRASHEKAR RAJU,
R/AT NO. 182, 4th CROSS,
OPP HEGDE MEDICALS
MANGAMMANAPALYA,
BENGALURU 560 068
67. RAGU BANGERA ALIKE
AGED ABOUT 83 YEARS,
S/O LATE THANIYA BANGERA ALIKE,
NO. 413, 9th B MAIN,
Ist BLOCK KALYANA NAGAR
BENGALURU 560 043
68. ZIAULLA,
S/O LATE SHAIK HYDER
AGED ABOUT 53 YEARS
R/AT NO. 82/2
NVR COMPLEX,
NEAR CHIKKA BEGUR ROAD,
HOSUR MAIN ROAD,
SINGASANDRA POST,
BENGALURU 560 068
69. V MUNIRAJU,
S/O LATE VENKATAPPA
AGED ABOUT 53 YEARS
NO. 17, RAJAGRUHA NILAYA,
OPP TO UJALA FACTORY,
HOSAPALYA,
BENGALURU 560 068
70. N M ANANDHRUTHI
AGED ABOUT 77 YEAS,
W/O N MADHUKAR
R/AT NO. 33, 3rd BLOCK,
9TH CROSS, THYAGARAJANAGAR,
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WA No. 1203 of 2023
BENGALURU 560 028
71. S NAGARAJ
S/O R SIDDAPPA
AGED ABOUT 35 YEARS,
NO. 559/2, 2nd MAIN,
13th CROSS, R K TOWNSHIP
BOMMASANDRA INDUSTRIAL AREA
BENGALURU 560 009
72. GIRIYAPPA,
S/O LATE KENCHAPPA
AGED ABOUT 71 YEARS
NO. 202, SREE MARUTHI NILAYA,
3rd B MAIN, NEAR CMR LAW COLLEGE,
BHUVANANAGIRI,
BENGLAURU 560 043
MUNISWAMAPPA
SINCE DEAD BY HIS LR'S
73. M RAJAPPA,
S/O LATE MUNISWAMAPPA
AGED ABOUT 40 YEARS
R/AT NO. 61/2
VENKATESHWARA TEMPLE ROAD,
MANGAMMANA PALYA,
BENGALURU - 560 068
...RESPONDENTS
(BY SMT.NILOUFER AKBAR, AGA FOR R-1 TO R-3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED
04.08.2023 IN WP No. 4748/2018 (LA-RES).
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
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WA No. 1203 of 2023
JUDGMENT
This intra-court appeal seeks to lay a challenge to a learned Single Judge's order dated 04.08.2023 whereby appellants' W.P.No.4748/2018 C/w W.P.No.1130/2021 challenging acquisition of their lands has been dismissed.
2. Learned counsel appearing for the appellants vehemently submits that: the Doctrine of Lapse enacted in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; possession of the subject lands continues with the appellants all through; the appellants have not received any compensation; learned Single Judge erred in invoking delay and laches even when plausible explanation was offered; similarly, the ground of suppression of material facts is wrongly invoked; the ratio in INDORE DEVELOPMENT AUTHORITY vs. MANOHAR LAAL, (2020) 8 SCC 129, has been wrongly applied. So arguing he seeks voiding of the impugned order.
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3. Learned Additional Government Advocate appearing for the official respondents opposes the appeal drawing attention of the court as to the observations in the INDORE DEVELOPMENT supra; she makes submission in justification of the impugned order and the reasons on which it has been structured. She also presses into service the Doctrine of Res Judicata since the appellants had suffered dismissal of their writ petitions wherein similar challenge was made to the acquisition. She also highlights their culpable conduct as the sole ground for denying relief to the appellants.
4. Having heard the learned counsel for the appellants and learned Additional Government Advocate appearing for the official respondents, we decline indulgence in the matter broadly agreeing with the reasoning of the learned Single Judge.
5. The first contention as to the Doctrine of Deemed Lapse of acquisition proceedings does not avail to
- 17 -
NC: 2023:KHC:38134-DB WA No. 1203 of 2023 the appellants inasmuch as there is a wealth of material as to the possession having been taken by the Government has been handed to the respondent-ITI Society years ago. There is elaborate discussion by the learned Single Judge in this regard. There is already a finding suffered by the appellants in W.A.No.1468/2003 and other connected matters as to the ITI Society being in the possession of the subject lands and therefore, their contra contention is liable to be resjudicated. It is more so because the appellants further challenge to the order in the writ appeal in S.L.P.No.12501-12503/2009 has been negatived by the Apex Court on 01.10.2009. Learned Single Judge has rightly said about the same in addition to mentioning estoppel, acquiescence, abandonment & waiver. That being the position, the case of the appellants is miles away from the pressings of Section 24(2) of the 2013 Act.
6. The submission of the Mr.Bhat that the appellants have been continuing in the possession of their subject lands is liable to be rejected for yet another
- 18 -
NC: 2023:KHC:38134-DB WA No. 1203 of 2023 reason: the appellants themselves have produced the notification dated 16.01.1997 issued under Section 16(2) of the Erstwhile Land Acquisition Act, 1894 which is ordinarily treated as a conclusive proof of the possession of the acquired land being taken over by the State. There is absolutely no rebuttal material for discounting the contents of this notification. The Apex Court in INDORE DEVELOPMENT supra at para 274 has observed that once the land has vested in the State pursuant to the award followed by the transfer of possession, any re-entry in possession or retaining the possession is wholly illegal and that in such a situation Section 24(2) of the 2013 Act is not attracted. At para 278, it expressed its anguish by observing as under:-
'We have seen the blatant misuse of the provisions of Section 24(2). Acquisitions that were completed several decades before ... were questioned; cases filed were dismissed. References were sought claiming higher compensation and higher compensation had been ordered. Now, there is a fresh bout of litigation started by erstwhile owners even after receiving the compensation ... by submitting that possession has not been taken and taking of possession by drawing a
- 19 -
NC: 2023:KHC:38134-DB WA No. 1203 of 2023 panchanama was illegal and they are in physical possession. As such, there is lapse of proceedings' These observations equally apply to the case of appellants inasmuch as their challenge to the acquisition in W.P.No.12102/1990 was negatived vide order dated 13.09.1996. Added this fact has been suppressed by the appellants and therefore, the learned Single Judge has rightly invoked the principle of suppressio veri, in denying relief.
7. The acquisition in question was initiated vide preliminary notification dated 01.02.1985 issued under Section 4(1) of the 1894 Act; final notification under Section 6(1) was issued on 27.01.1986; award came to be passed on 24.08.1987; the compensation amount has been deposited in the civil court; in W.P.No.764/1991 and other connected petitions, the Division Bench vide order 03.09.1996 had put its seal to these facts repelling challenge to the acquisition. Appellants' S.L.P.3765/1997,
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NC: 2023:KHC:38134-DB WA No. 1203 of 2023 etc., came to be negatived by the Apex Court vide order dated 01.08.1997. The possession having been taken from the land owners, was handed to the ITI Society which had formed the layout with the BDA approval and admittedly, allotted the sites by registering the sale deeds. Many of these allottees are not before the court. Only a few of them appeared to have been arrayed. No explanation is offered for not arraying them as parties though they are 'Necessary Parties' in the light of decision in RAZIA BEGUM vs. SAHEBZADI ANWAR BEGUM, AIR 1958 SC 886.
8. The finding of the learned Single Judge as to the enormous delay and laches cannot be interfered with. As already mentioned above, this acquisition proceeding was initiated on 28.01.1985 and 24.01.1986. Award was passed on 24.08.1987, the same was approved too. Compensation has also been deposited in the civil court as is mentioned in the very award itself. This acquisition was for the benefit of respondent -ITI Society. The challenge to the acquisition in W.P.No.764/1994 was negatived vide
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NC: 2023:KHC:38134-DB WA No. 1203 of 2023 order dated 03.09.1996 even S.L.Ps. came to be dismissed. Earlier to this, one Mr.Abbayya had also filed W.P.No.12102/1990 that was tagged with W.P.No.13302/1990 laying a challenge to the acquisition. Both were dismissed vide order dated 13.09.1996. W.A.No.1468/2003 and other connected matters came to be disposed off vide order dated 23.10.2008. As already mentioned above, these two are confirmed in S.L.P.No.12501/2009 vide order dated 01.10.2009. All these militates against the case sought to be made out by the land owners in this appeal. Granting relief to the appellants would disturb the long settled fact to the determent of public interest. That would also affect allottees of the sites in the subject layouts who are holding registered sale deeds but many of whom have not been arrayed as parties.
In the above circumstances, this appeal being devoid of merits is liable to be and accordingly dismissed, costs having been reluctantly made easy. Registry shall send a
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NC: 2023:KHC:38134-DB WA No. 1203 of 2023 copy of this order to the fifth respondent-ITI Employees Housing Board Co-operative Society Limited and to all the private respondents by speed post.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Snb, LB, KPS List No.: 1 Sl No.: 21