In a landmark judgment with significant implications for infrastructure projects and property rights, the Karnataka High Court has struck down a land acquisition process for the NICE (Nandi Infrastructure Corridor Enterprises) Road project that was initiated 17 years ago. The court ruled that the inordinate delay had rendered the acquisition notification legally unsustainable.
A 17-Year Legal Battle Concludes
The case pertained to a notification issued by the Karnataka government on July 19, 2007, under the Land Acquisition Act of 1894. This notification aimed to acquire approximately 106 acres of land in villages including Sunkadakatte, Thyamagondlu, and Mallathahalli in Bengaluru North taluk. The land was intended for the formation of the Peripheral Ring Road as part of the larger Bangalore-Mysore Infrastructure Corridor (BMIC) project, executed by Nandi Infrastructure Corridor Enterprises Ltd.
However, the acquisition process stalled for years, leaving landowners in a state of uncertainty. They argued that the prolonged delay, without any physical possession of the land or payment of compensation, violated their fundamental rights. The petitioners contended that the government's inaction for nearly two decades had effectively lapsed the acquisition proceedings.
Court's Reasoning: Delay Defeats Purpose
A division bench comprising Justice B Veerappa and Justice K S Hemalekha delivered the decisive verdict. The court emphasized that the inordinate and unexplained delay of 17 years since the initial notification made the entire process untenable. The bench pointed out that the very purpose of the acquisition was defeated by this extraordinary lapse of time.
The judges noted that the landowners had been deprived of their right to use and develop their property for almost a generation, while neither the government nor the project developer took concrete steps to complete the acquisition. This, the court held, constituted a violation of the landowners' rights under Article 300A of the Constitution, which guarantees the right to property.
The court also referenced the more recent Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which mandates stricter timelines and fairer processes, underscoring how the old process had become obsolete and unjust.
Implications and Aftermath of the Verdict
The ruling effectively quashes the 2007 notification and all subsequent proceedings related to this specific land acquisition. This means the government cannot proceed to take over these 106 acres based on that old notification. The landowners are now free to enjoy full rights over their properties without the cloud of acquisition hanging over them.
This judgment sends a strong message to authorities regarding the timely execution of land acquisition processes. It establishes that notifications cannot remain pending indefinitely, causing hardship to citizens. For the NICE Road project, this decision may require the authorities and the concessionaire to re-evaluate their plans for the affected stretch if the land is still deemed necessary, potentially initiating a fresh process under the current, more stringent law.
The verdict is being hailed as a major victory for individual property owners against delayed state machinery. It reinforces the legal principle that administrative actions must be concluded within a reasonable timeframe, especially when they severely impact the lives and livelihoods of citizens.
