In a significant ruling, the Karnataka High Court has nullified the acquisition of a one-acre plot of land in Bengaluru South, a process that had been lingering for an astonishing 17 years. The land was originally earmarked for the contentious Bengaluru-Mysore Infrastructure Corridor Project (BMICP).
The Court's Decisive Order and the Core Arguments
Justice KS Hemalekha's single-judge bench delivered the order on December 5, bringing a close to a nearly two-decade-long legal battle. The case was initiated by the landowner, Rathna Reddy, who maintained possession of the property in Thalaghattapura despite a final acquisition notification issued back in 2008. Reddy's counsel argued that the acquisition proceedings had become legally invalid, or "non est," as the state had neither determined compensation nor taken physical possession of the land for over 17 years.
A crucial piece of evidence was a June 2025 endorsement from the BMICP's Planning Office, which clearly stated that no ramp or link interchange was planned for that specific survey number. The petitioner also highlighted an affidavit filed by the Karnataka government in the Supreme Court, admitting that 554 acres of "excess" land had already been handed over and that no further land was required for the project.
State's Defence and the Judicial Rebuttal
Opposing the petition, lawyers representing the Karnataka Industrial Areas Development Board and Nandi Infrastructure Corridor Enterprise (NICE) contended that Reddy's case was itself barred by an unreasonable delay, as the preliminary notification was issued 19 years ago. NICE's counsel argued the land was needed to build a ramp connecting Kanakapura Road to the BMICP peripheral road, and due to the petitioner's resistance, a temporary ramp had to be constructed elsewhere.
However, the bench was unequivocal in its criticism of the state's protracted inaction. The court noted, "No award has been passed for more than 17 years after the final notification. The respondents have not offered any acceptable explanation... such extraordinary dormancy defeats the statute and vitiates the acquisition." The judge agreed with the petitioner's argument that such an inordinate delay, consistent with Supreme Court precedents, rendered the acquisition unsustainable.
Verdict: Acquisition Quashed on Multiple Grounds
The High Court's decision rested on a triad of compelling reasons:
- Extreme and Unexplained Delay: A 17-year period without passing an award or taking possession was deemed fatal to the acquisition process.
- Absence of Public Purpose: The BMICP Planning Authority's own document confirmed the land was not needed for the intended project.
- Continued Possession with Owner: Rathna Reddy remained in physical possession of the property throughout.
Consequently, the bench quashed all acquisition notifications related to the one-acre plot. This ruling underscores the judiciary's role in protecting property rights against indefinite and unexplained governmental delays, setting a precedent for similar long-pending acquisition cases in the state.
