Facts
The petitioner purchased two acres in Sy. No. 93/4, Kannahalli Village, on 8 September 2017, after the land had been notified for acquisition for the Nadaprabhu Kempegowda Layout and while a writ appeal concerning the acquisition was pending.
Source reference: pp. 2–6He sought a direction requiring the Bangalore Development Authority (BDA) and its Land Acquisition Officer to consider his representation dated 15 December 2025 and drop the acquisition.
Source reference: pp. 2–6He relied on a Division Bench judgment dated 22 February 2024 in W.A. No. 1783/2014 and connected appeals, which had granted relief to land losers.
Source reference: pp. 2–6The respondents opposed dropping the acquisition, contending that the petitioner had purchased the land during the appeal and was entitled only to relief available under that Division Bench judgment.
Source reference: pp. 2–6Issues
1. Whether a purchaser who acquired notified land during the pendency of an appeal could seek a direction to drop the land from acquisition.
Source reference: pp. 5–72. Whether the petitioner could seek consideration of a fresh representation for relief on grounds recognised in the Division Bench judgment dated 22 February 2024.
Source reference: p. 7Law Applied
The Court applied the principle that a purchaser of land after it has been notified for acquisition cannot challenge the acquisition on grounds available to the original owner; it cited V. Chandrasekaran v. Administrative Officer, (2012) 12 SCC 133, in connection with the respondents’ objection to the petitioner’s claim.
Source reference: pp. 5–7The Court also applied the Division Bench judgment in W.A. No. 1783/2014 and connected appeals, dated 22 February 2024, as the basis for considering whether the petitioner could receive the same relief granted to landowners under that decision.
Source reference: pp. 5–7Reasoning
The petitioner purchased the land after the acquisition notifications and during the pendency of the appeal in which the Division Bench upheld those notifications.
Source reference: pp. 6–7The Court therefore held that he lacked standing to challenge the acquisition or obtain an order dropping his land from it.
Source reference: pp. 6–7However, because the Division Bench had granted certain reliefs to landowners, the Court permitted the petitioner to seek any applicable benefit by making a fresh representation based on the grounds identified in that judgment.
Source reference: pp. 6–7Holding
The Court declined to direct the respondents to consider the existing representation seeking that the land be dropped from acquisition.
It directed the petitioner to submit a fresh representation to the BDA, in line with the Division Bench judgment, within one month after receiving a certified copy of the order.
Source reference: pp. 7–8If filed, the respondents must decide it in accordance with law within two months.
Source reference: pp. 7–8Until that decision, the respondents must not disturb the petitioner’s possession, provided the layout has not been formed on the land.
Source reference: pp. 7–8The writ petition was disposed of accordingly.
Source reference: pp. 7–8Original Court PDF
K G KRISHNAvsTHE STATE OF KARNATAKA
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