Land acquisition proceedings deemed lapsed as authority failed to act promptly. Just compensation emphasized.

Suryaprakash and Ors. Versus State of Karnataka and Ors.

Suryaprakash and Ors. Versus State of Karnataka and Ors. - TMI Issues:
1. Declaration sought under Section 24(2) of the 2013 Act
2. Abandonment and lapse of acquisition proceedings

Analysis:

Issue 1: Declaration sought under Section 24(2) of the 2013 Act
The petitioners initially sought a declaration that the acquisition proceedings had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act). However, the Senior Counsel for the petitioners later clarified that this specific provision may not be applicable in this case. Consequently, the court did not delve into the implications of Section 24(2) of the 2013 Act.

Issue 2: Abandonment and lapse of acquisition proceedings
The petitioners, who were the original owners of the land, argued that the acquisition proceedings for their property had been abandoned and had lapsed due to the inaction of the Bengaluru Development Authority (BDA). The BDA had issued preliminary and final notifications for the acquisition in 1984 and 1986, respectively, but had not passed any award or taken possession of the land in question. The petitioners had even sold the land to a subsequent purchaser, who had developed the property by constructing a residential house and had been in peaceful possession for many years.

The court noted that despite 30 years passing since the final notification, the BDA had not taken any steps to complete the acquisition. The court emphasized that the authority responsible for land acquisition must act within a reasonable period, as failure to do so would deprive the landowner of their right to just and fair compensation. The court cited various judgments to support the principle that statutory duties must be exercised within a reasonable timeframe.

The court highlighted that the BDA's failure to pass an award or take possession for three decades amounted to an arbitrary exercise of power. It concluded that the acquisition proceedings had lapsed and been abandoned by the BDA and the State Government. The court allowed the writ petitions, declaring that the acquisition proceedings for the land in question had stood lapsed and abandoned.

In summary, the court's decision was based on the inaction of the BDA in completing the acquisition process within a reasonable period, leading to the abandonment and lapse of the proceedings, ultimately favoring the petitioners' claim.