SC declines to adjudicate in land acquisition case in Bengaluru

SC declines to adjudicate in land acquisition case in Bengaluru

The Supreme Court on Monday declined to give a final adjudication on a batch of petitions relating to the acquisition of 42 acres, 32 guntas of lands in Anekal taluk in Bengaluru for expansion of the Special Agricultural Produce Market Committee For Fruits and Vegetables.

A bench of Justices Ranjan Gogoi and Navin Sinha noted that the plea of land owners for their compensation was still to be examined by the authorities under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

“Since the contention with regard to the 2013 Act will require examination of facts.., we do not consider it necessary to deal with the same in the present proceedings and leave it open for the aggrieved to pursue their remedies in accordance with law before the appropriate forum,” the bench said.

The controversy before the court related to the acquisition of 42 acres, 32 guntas of lands in Golimangala village, Sarjapur hobli, Anekal taluk, in Bengaluru, for expansion of the marketing yard.
The batch of appeals filed by land owners as well as the marketing committee challenged the infirmities in the acquisition proceedings. They challenged the high court's order that had declined to quash the acquisition proceedings.

The High Court, however, had shifted the date of the notification under Section 4 of the Land Acquisition Act, 1894 to the date of its order on November 22, 2010 for determination of compensation to the land owners. In its plea, the state government said the high court rightly shifted the date of the notification keeping in mind the larger public interest involved in the acquisition as also the interest of the landowners.

Land owners, for their part, claimed the acquisition proceedings could not have been sustained in the present manner. They also submitted that neither had possession been taken till date nor had compensation been disbursed to them.

After going through the case records, the bench said, “In the nature of the order passed, moulding the relief keeping in mind the larger public interest involved in the acquisition..., we are not satisfied that the order of the High Court calls for interference.”

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