Acquisition of land held not valid if it is not in accordance with due process of law

High Court of Karnataka: While impressing upon the relevancy of due process of law in land acquisition proceedings, the Division Bench comprising of Shubhro Kamal Mukherjee, C.J.,and Budhilal R.B, J. dismissed the appeal filed by Bangalore Development Authority, concluding that the decision of the Hon’ble Single Judge was bona fide and directed the BDA to compensate the respondent as his land was acquired without following the due procedure required under land acquisition proceedings.

Perusing the contentions and the relevant material on the point, the Court observed that the Bangalore development Authority utilized some portions of the respondent’s land without following the due process of law required while acquiring land, which involved initiating proceedings for land acquisition. The respondent being aggrieved by the actions of the BDA had moved the High Court whereby the  Single Judge  directed BDA to compensate the respondent, against which the BDA filed an appeal.

The Division Bench upheld the order passed by the  Single Judge who, following a decision of an earlier Division Bench, held that land owner/respondent is entitled to be compensated and also granted liberty to the land owner/respondent to file a detailed representation indicating the extent and nature of land that was utilized by the BDA without following the due process of law. Further, the Court upheld the  Single Judge’s finding who directed the BDA to work out, taking into consideration as to whether the details as furnished by the respondent if appropriate, or in the alternative consider the nature of land that had been utilized by the respondents without following due process of law and take a decision in the matter in the manner as indicated in the order and in accordance with law.

The Court dismissed the appeal filed by BDA and directed the Authority to compensate the respondents as indicated in the order of the Single Judge.  [Bangalore Development Authority v. Madaiah, 2016 SCC OnLine Kar 4015, decided on 23rd September 2016]

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