Sri H D Kumaraswamy vs State Of Karnataka on 27 July, 2015
Layout could not
have been formed unless the adjacent land was acquired.
Therefore, it was well within the power of the Government to
denotify the land. The act of denotification was in discharge of
official duty. Reliance was placed on the decisions reported in
2010(3) SCC page 621, Hari Ram and another Vs. State of
Haryana; AIR 2000 SC page 3403(1) B.A. Basavaiah and others
Vs. BDA and others; AIR 2015 SC page 444 M/s Magnum
Promoters Pvt. Ltd., Vs. Union of India; ILR 2006 Kar page 318
The Commissioner BDA and others Vs. State of Karnataka; Civil
Appeal No.4097/2010 Bondu Rmaswamy and others Vs. BDA.
No doubt, the decisions relied upon by the learned Counsel for
the petitioner support the contention that section 48 of L.A.Act
empowers State to withdraw from acquisition provided
possession has not been taken and that the vesting of land
under section 16 of the Act presupposes actual taking of
possession and till that is done, legal presumption of vesting
enshrined in section 16 cannot be raised and that small packet of
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acquired lands surrounded by lands which were not acquired or
which were deleted may be considered for deletion if they are
not suitable for forming layouts. In the present case, the fact
situation is totally different. The land was acquired, acquisition
proceedings were completed, award was passed and possession
was taken by drawing mahazar. Inspite of acquisition, the land
was sold in favour of accused Nos.5 and 6 through registered
sale deeds dated 13.12.2004 for consideration of Rs.43,75,000/-
and Rs.47,25,000/-. Subsequently, accused Nos.5 and 6 have
sold the land in favour of accused Nos.7 to 15 for consideration
of Rs.4,14,00,000/-. On the date of making representation for
denotification, the accused Nos.2 to 4 were not the owners of
the land and they were not in possession. It is alleged, the act of
denotification is the result of conspiracy. The office of Trust has
been misused. No public interest was involved. For pecuniary
gain denotification has been done. The state has suffered loss.
There is factual foundation for the offences alleged.