Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 16 and 48 - Land (including the suit land 1894 - ss. 4 survey no.50) acquired by the State Land Acquisition Act 6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 - ss. 4, 6, 16 and 48 - Land (includingthe suit land, survey no.50) acquired by the State - The State tookover the possession of the suit land and handed over the same toBangalore Development Authority - Acquisition of suit land waschallenged by the land owners in several rounds of litigation whichwere dismissed by the High Court - Thereafter, land owners maderepresentation before the State Government, which passednotification dated 12. 04.2001 withdrawing the suit land (surveyno.50) ji-om acquisition - However, the State Government withdrewthe said notification dated 12.04.2001 vide notification dated2 2. 03. 2005 - Writ petition challenging notification dated22.03.2005, allowed by the single judge - Writ appeal dismissed -Propriety of- Held: Single Judge committed error by quashing orderdated 22.03.2005 - Division Bench also committed error inconfirming the judgement of the single judge - Jn earlier judgmentsof High Court between the parties regarding the acquisition inquestion, a finding was returned that acquisition proceedings hadbecome final and possession was taken Ji-om the land owners in theyear 1984 - High court in writ petition arising out of a notificationby the State dated 22.03.2005 could not have ignored or discardedthe said finding in earlier proceeding regarding delivery ofpossession - Single judge committed error in proceeding to re-examine the same issue and gave a contrary finding that possessionwas not taken - Further, land owners had earlier filed two writpetitions, seeking direction to the State to de-notify the suit land,which were dismissed - Thereafter, the entire exercise by land ownersof approaching the State Government to withdraw from acquisitionof suit land was uncalled for and was not permissible in view of thedismissal of writ petitions - Res-judicata. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 725 |
Petitioner | N. A. L. Layout Residents Association |
Respondent | Bangalore Development Authority & Ors. |
SCR | [2017] 13 S.C.R. 1053 |
Judgement Date | 2017-08-09 |
Case Number | 9790-9791 |
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