Bengaluru: Reversing an almost 14-year-old decision of a single bench, the high court upheld the acquisition of 30 acres of land at Nelamangala on Bengaluru-Honnavar road in 1987.
Division Bench Ruling
A division bench of Justices DK Singh and S Rachaiah passed the order after allowing the writ appeals filed by state govt and Sri Prasanna Anjaneya Trust.
The land situated at Jakkasandra village was acquired on behalf of the trust, which had agreed to hand over 150 sites (30x40 square feet) to then Nelamangala city municipal council free of cost for distribution to SC/STs. The remaining sites were to be distributed among members of the trust. The final notification was issued in 1987.
Background of the Case
Between 2006 and 2008, some landowners challenged the acquisition. In 2012, a single bench quashed the acquisition and ordered recovery of the land, holding there was no scope for involving a private entity in the process of acquisition proceedings or in the development of housing sites, except for engagement of contractors.
The state govt as well as trust appealed against the order. The possession of the land was delivered in favour of the trust which paid the entire amount. The land has been developed by constructing residential houses where their owners reside with their family members.
Key Observations
The division bench pointed out that prior to the issuance of the govt order dated Oct 9, 1986, for approval of the proposal, the landowners had executed agreements of sale and received the entire sale consideration and possession was delivered.
The landowners, therefore, were prevented from challenging the acquisition proceedings, that too almost two decades after the final notification, the division bench added.
