Karnataka HC Dismisses Land-Acquisition Challenge For Non-Prosecution After Counsel Says Lead Petitioner Has Not Said Whether To Pursue It

The petitioners challenged the preliminary notification dated 18 December 2013 and final notification dated 4 August 2015 concerning land acquisition for the Karnataka Housing Board, insofar as their lands were concerned

During the proceedings, several petitioners withdrew their claims.

At the hearing, petitioners’ counsel stated that petitioner No. 1 was not giving instructions on whether to continue the petition.

The petition was brought under Articles 226 and 227 of the Constitution of India.

The Court did not cite or apply any substantive land-acquisition provision, precedent, or articulated procedural test; it dismissed the petition on the procedural ground of non-prosecution.

The Court noted counsel’s submission that several petitioners had withdrawn and that petitioner No. 1 was not providing instructions on whether to pursue the petition.

In view of the absence of instructions to proceed, the Court dismissed the petition for non-prosecution rather than examining the validity of the challenged notifications.

The Court did not decide the merits of the challenge to the land-acquisition notifications.