M.Rajesh vs State Of Karnataka
2023 Latest Caselaw 7342 Kant

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                        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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     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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     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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    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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    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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    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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    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

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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

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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

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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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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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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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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