NDLI: Shri K. Jayaram & Ors. Vs. Bangalore Development Authority & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition Administration of Justice
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Land Acquisition Act, 1894 (1 of 1894)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Land Acquisition – Administration of Justice – Abuse of process of law – Suppression of material facts – Appellants’ father was in possession of 1 acre 26 guntas of land in the two survey numbers in a village – The said land was notified for acquisition by the Bangalore Development Authority (BDA) for public purpose – According to appellants, 8 guntas of land was left out from the acquisition – Appellants contended that they were not aware of the formation of the sites in this 8 guntas of the land by the BDA and the allotment of said sites in favour of respondent Nos.5 & 6 – They filed the writ petitions before the High Court for cancellation of allotment of the said sites – BDA filed statement of objections contending that the lands were acquired by the BDA in the year 1971 – Admittedly, the appellants received the award amount on 30.11.1971 – After lapse of 34 years from the completion of acquisition proceedings and receiving of award amount, the appellants have filed writ petitions before the High Court on false and frivolous grounds – Earlier, the appellants had also filed a suit for the permanent injunction against the BDA by contending that 8 guntas of land was not acquired by the BDA – The Trial Court had dismissed the suit – An appeal was dismissed by the High Court – The appellants have not disclosed the dismissal of the suit and the appeal in the writ petition – Thereafter, the writ petition was also dismissed by the Single Judge of the High Court – Writ appeal challenging the order of the Single Judge, was dismissed by the Division Bench of the High Court and the review petitions were also dismissed by the High Court subsequently – On appeal, held: The parties have to disclose the details of all legal proceedings and litigations either past or present concerning any part of the subject- matter of dispute which is within their knowledge – Since, the appellants have not disclosed the filing of the suit and its dismissaland also the dismissal of the appeal against the judgment of the civil court in writ petition, the appellants have to be non-suited on the ground of suppression of material facts – They have not come to the court with clean hands and they have also abused the process of law – Therefore, they are not entitled for the extraordinary, equitable and discretionary relief – That apart, notification in respect of the entire 5 acres 9 guntas (including the land of appellants) was issued and possession of the land was taken long back – Records produced by the BDA would disclose that 08 guntas of land is kharab-B land – As compensation cannot be granted in respect of kharab-B land, if acquired – Therefore, there is no question of payment of compensation in respect of this land, though, the same was included in the preliminary and final notification – Further, the findings of the High Court has attained finality and the writ Court cannot sit in an appeal over the judgment passed by the High Court in the appeal – The conclusions reached by the Court in the appeal are binding on the appellants
Judge	Hon'ble Mr. Justice S. Abdul Nazeer
Neutral Citation	2021 INSC 842
Petitioner	Shri K. Jayaram & Ors.
Respondent	Bangalore Development Authority & Ors.
SCR	[2021] 9 S.C.R. 359
Judgement Date	2021-12-08
Case Number	7550

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