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SC restores Karnataka land, says government can acquire only for public purpose

By · Via Times of India · Published by Everything Blog

In short

The Supreme Court of India ruled that the Karnataka government can only acquire land for public purposes and must provide just compensation to landowners. In a landmark decision, the court quashed a 1988 acquisition of 59 acres of land near Bengaluru by the state government for a cooperative housing society, restoring the land to its owners after 38 years. The court held that the entire process of land acquisition was fraudulent and directed the state government to pay Rs 50,000 to all litigant landowners who had…

Key points

  • The Supreme Court of India ruled that the Karnataka government can only acquire land for…: The Supreme Court of India ruled that the Karnataka government can only acquire land for public purposes and must provide just compensation to landowners.
  • In a landmark decision, the court quashed a 1988 acquisition of 59 acres of land near Ben…: In a landmark decision, the court quashed a 1988 acquisition of 59 acres of land near Bengaluru by the state government for a cooperative housing society, restoring the land to its owners after 38 years.
  • The court held that the entire process of land acquisition was fraudulent and directed th…: The court held that the entire process of land acquisition was fraudulent and directed the state government to pay Rs 50,000 to all litigant landowners who had challenged the process.

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NEW DELHI: Holding that govt can acquire land from citizens only for public purpose and not for the benefit of some person or organisation, Supreme Court Monday quashed a 1988 acquisition of about 59 acres of land near Bengaluru by Karnataka govt for a cooperative housing society and restored the land to its owners after 38 years.

A bench of Justices J B Pardiwala and K Vinod Chandran held that the whole process of land acquisition is indicating “the fraud played on unsuspecting citizens”. It said that illegal acquisitions were made through fraud and undue influence and directed the state govt to pay Rs 50,000 to all litigant landowners who had challenged the process.

“Condemnation of privately owned land for public purpose can only be with authority of law and with just compensation being paid. That such authority of law can be exercised only for public purpose is without cavil, with just compensation being an ancillary right, which does not by itself justify an acquisition. However just the compensation be, if the authority of law is lacking or the public purpose is absent, there can be no eminent domain exercised,” the court said.

SC upheld the single-bench HC order,which said that it was at the instigation of middlemen that the state employed its machinery to acquire land for the society.

Original source: timesofindia.indiatimes.com

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