<p>Bengaluru: Provisions of Section 24(2) of the of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Right to Fair Compensation Act), cannot be applied once the acquisition of the subject land is complete and the same vested with the state, according to the High Court of Karnataka. </p>.<p>A division bench, comprising Chief Justice Vibhu Bakhru and Justice C M Joshi, ruled this while dismissing a writ appeal for the grant of compensation for around 2,600 square feet of land in Kodihalli, Bengaluru East taluk, acquired by the BDA’s predecessor in 1971. </p>.<p>The issue pertains to the acquisition of land under the erstwhile City of Bangalore Improvement Act in 1971. Land measuring 1.26 guntas in survey number 15/1B was a part of the acquisition for public purpose. After the possession of the entire land, 1.26 acres were handed over to the engineering section for formation of a layout. </p>.Activists, politicians & processionists: Karnataka Cabinet wipes slate clean in 60 criminal cases.<p>The appellant, M Rajappa, submitted that he was still in possession of the piece of land (six guntas) while seeking a restraining order against the Bangalore Development Authority (BDA). </p>.<p>He moved the division bench after a single bench dismissed his petition. He claimed that six guntas land was in the possession of one Chikka Abbaiah and at present he is in possession. He urged the court to declare as lapsed the acquisition proceedings in respect of the six guntas. </p>.<p>On the other hand, the BDA submitted documents, stating that way back in 1972, the award was passed in respect of the entire 1.26 acres of land, including the six guntas and the possession too was taken and handed over. </p>.<p>The division bench noted that one K Vasudevaiah, the subsequent purchaser of the subject land, had taken compensation in respect of 1.20 acres of land as he could show documents only in respect of 1.20 acres, while an amount of Rs 1,725 was kept by the Treasury of the BDA towards the six guntas. </p>
<p>Bengaluru: Provisions of Section 24(2) of the of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Right to Fair Compensation Act), cannot be applied once the acquisition of the subject land is complete and the same vested with the state, according to the High Court of Karnataka. </p>.<p>A division bench, comprising Chief Justice Vibhu Bakhru and Justice C M Joshi, ruled this while dismissing a writ appeal for the grant of compensation for around 2,600 square feet of land in Kodihalli, Bengaluru East taluk, acquired by the BDA’s predecessor in 1971. </p>.<p>The issue pertains to the acquisition of land under the erstwhile City of Bangalore Improvement Act in 1971. Land measuring 1.26 guntas in survey number 15/1B was a part of the acquisition for public purpose. After the possession of the entire land, 1.26 acres were handed over to the engineering section for formation of a layout. </p>.Activists, politicians & processionists: Karnataka Cabinet wipes slate clean in 60 criminal cases.<p>The appellant, M Rajappa, submitted that he was still in possession of the piece of land (six guntas) while seeking a restraining order against the Bangalore Development Authority (BDA). </p>.<p>He moved the division bench after a single bench dismissed his petition. He claimed that six guntas land was in the possession of one Chikka Abbaiah and at present he is in possession. He urged the court to declare as lapsed the acquisition proceedings in respect of the six guntas. </p>.<p>On the other hand, the BDA submitted documents, stating that way back in 1972, the award was passed in respect of the entire 1.26 acres of land, including the six guntas and the possession too was taken and handed over. </p>.<p>The division bench noted that one K Vasudevaiah, the subsequent purchaser of the subject land, had taken compensation in respect of 1.20 acres of land as he could show documents only in respect of 1.20 acres, while an amount of Rs 1,725 was kept by the Treasury of the BDA towards the six guntas. </p>