TaxTMI 
TaxTMI 
2016 (12) TMI 1853
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....fore, they are non-est. They have also sought for a declaration that the acquisition has lapsed by virtue of the provisions contained in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, '2013 Act'), as compensation amount was not deposited nor physical possession of the land was taken. 2 . At the outset, learned Senior Counsel Mr. Jayakumar S. Patil appearing for the petitioners submits that declaration sought on the strength of the provisions contained in Section 24(2) of the 2013 Act may not strictly arise for consideration in this case, and therefore, prayer made in that regard is not pressed. Hence, it is unnecessary to consider the effec....
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....ucted a residential house and has been residing in the same by paying tax regularly to the authorities. Petitioners have produced photographs to show the nature of development made in the property. These photographs produced at Annexures-F, F1, F2 & F3 disclose that petitioner has put up residential building over the property and has developed the same considerably. It is also necessary to notice that no award has been passed and possession of the land has not been taken. To substantiate this aspect, petitioners have placed reliance on the communication dated 30.01.2014 issued by the State Government addressed to the Commissioner, BDA, asking for reason why no award was passed in respect of Sy. No. 44/7 measuring 7 guntas. This letter is pr....
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....AKA & OTHERS - 2002 (4) KCCR 2361, in support of his contention that BDA having not passed the award within a reasonable period, the acquisition proceedings stand lapsed and shall be treated as having been abandoned. He has also placed reliance on the unreported judgment of this Court in W.P. No. 6354-6356/2011 disposed of on 01.12.2011 pertaining to the very same layout, wherein the subsequent purchasers who had purchased after long lapse of time had approached this Court challenging the acquisition proceedings and succeeded in their challenge. 8 . Reliance is also placed on another Division Bench judgment in the case of H.N. SHIVANNA & OTHERS VS. THE STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, BANGALORE & ANOTHER - 2013 (4....
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.... award had been passed, the same was not got approved by the competent authority, and therefore, the award as contemplated under the provisions of the BDA Act did not come into existence and possession of the land could not be taken. She further points out that as petitioner No. 1 is the subsequent purchaser of the land, the writ petition at his instance cannot be maintained. In this regard, she has placed reliance on the judgment in the case of RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION VS. SUBHASH SINDHI COOPERATIVE HOUSING SOCIETY, JAIPUR & OTHERS - (2013) 5 SCC 427. 10. Having carefully considered the respective contentions, the undisputed facts that emerge are, that though final notification was issued as back a....
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....pensation payable to the person who has lost the land due to acquisition. The land owner has got statutory right which has been constitutionally recognized as per Article 300A to get compensation for the acquired land. He cannot be deprived of his right to get just and fair compensation within a reasonable period because of the negligence or omission on the part of the beneficiary of the acquisition or the acquiring body. 13. So far as owner of the land is concerned, he is not concerned about the inaction of any of the officers of the BDA or lack of communication between the BDA and the State Government with regard to passing of the award and the steps to be taken in that regard. His rights have to be examined from the stand point of his e....
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.... Hence, I am of the view that none of the contentions urged by the Counsel for the BDA are tenable in law, to sustain the notifications and the acquisition. 15. The acquisition having not been completed, no award having been passed nor possession of the land having been taken for the last three decades, the entire acquisition proceedings stand lapsed as having been abandoned by the BDA and the State Government. 16. In the light of the above, the principle that transferee of land after the publication of preliminary notification cannot maintain a writ petition challenging the acquisition, cannot be made applicable to a case where the acquisition itself has been abandoned and has stood lapsed due to efflux of time on account of the omission....