Housing Board Directed to Allot 40% Developed Land in Lieu of Cash Compensation.

The petitioners challenged the preliminary and final acquisition notifications concerning lands in Sy. Nos. 97/2 and 160/2, Yadavanahalli village, acquired for a Karnataka Housing Board scheme.

They asserted ownership of portions of those lands, said they had not had an opportunity to object, and sought to quash the notifications

The Housing Board stated that the preliminary notification was issued in 2006, an award was made on 24 March 2011, and possession was taken on 31 December 2012 under Section 16(2) of the Land Acquisition Act, 1894; it also objected to the petition as delayed

At the hearing, the petitioners indicated that they would be satisfied with 40% of developed land, and the Board’s counsel stated that the Board was not averse to granting that relief

The judgment contains inconsistent dates for the final notification: the prayer refers to 15 March 2008, while the body refers to 15 March 2018.

1. Whether the preliminary and final acquisition notifications concerning the petition schedule lands should be quashed

2. Whether the petitioners could instead be granted 40% of developed land in lieu of cash compensation

The respondents referred to Section 16(2) of the Land Acquisition Act, 1894, in asserting that possession had been taken

The Court did not set out or apply any substantive statutory test, precedent, or independent rule for determining the validity of the acquisition notifications. It disposed of the petition on the basis of the parties’ position regarding allotment of developed land

The Court did not adjudicate the petitioners’ objections to the acquisition on their merits, including the respondents’ delay objection or the asserted failure to provide an opportunity to object.

Instead, after the petitioners accepted 40% developed land as satisfactory relief and the respondents’ counsel confirmed that the Board was not averse to providing it, the Court directed allotment of developed land in lieu of cash compensation

The Karnataka Housing Board and the Special Land Acquisition Officer were directed to identify and allot 40% developed land, preferably in Sy. Nos. 97/2 and 160/2; if unavailable there, they were to allot land in Yadavanahalli village.

Compliance was directed within five months of receipt of a certified copy of the order