The High Court of Karnataka has quashed the notifications issued to acquire one of acre of land for the controversial Bangalore-Mysuru Infrastructure Corridor Project (BMICP), as the authorities have neither taken possession of the land nor passed an award for payment of compensation despite lapse of 17 years.
Justice K.S. Hemalekha passed the order while allowing a petition filed by 65-year-old Rathna S. Reddy, who had questioned notifications issued in 2006-2008 for acquiring the land situated at survey number 41/5, Thalaghattapura village, Uttarahalli hobli, Bengaluru South taluk.
Pointing out that there is an “unexplained delay of 17 years” after issuance of final notification in 2008 for acquiring petitioner’s land, the court said that “prolonged and unexplained dormancy” in not passing award for the notified land “destroys the legality of acquisition”. The court also noted that in judgments delay in the range of 9 to 14 years in passing the award for payment of compensation led to quashing of acquisition of lands for various purposes.
“The Karnataka Industrial Areas Development Board (KIADB) cannot indefinitely keep the petitioner’s property under acquisition without concluding proceedings and such extraordinary dormancy defeats the statute and vitiates the acquisition,” the court said.
