Dr A K Merchant vs The State Of Karnataka on 7 April, 2026
28. If the appellant's case is examined in the
light of the propositions culled out in Banda
Development Authority v. Moti Lal Agarwal [(2011) 5
SCC 394 : (2011) 2 SCC (Civ) 747] we have no
hesitation to hold that possession of the acquired land
had not been taken from the appellant on 28-11-2008
i.e. the day on which the award was declared by the
Land Acquisition Collector because crops were
standing on several parcels of land including the
appellant's land and possession thereof could not have
been taken without giving notice to the landowners.
That apart, it was humanly impossible to give notice
to a large number of persons on the same day and
take actual possession of the land comprised in
various survey numbers (total measuring 214 acres 5
kanals and 2 marlas)."