Case Law Details
M/s. Royal Orchid Hotels Ltd. and another Vs. G. Jayarama Reddy and others
Karnataka State Tourism Development Corporation Vs. G. Jayarama Reddy and others
Land acquired by Government or its instrumentalities for a specific public purpose cannot be changed and transferred to private individuals or corporate bodies, the Supreme Court has held. A bench of justices G S Singhvi and Sudhansu Jyoti Mukhopadhaya said though Government enjoys power of “eminent domain” to compulsorily acquire any land for public purpose, yet,it cannot legitimise any fraudulent act of the authorities.
“The Courts have repeatedly held that in exercise of its power of eminent domain, the State can compulsorily acquire land of the private persons but this proposition cannot be over-stretched to legitimise a patently illegal and fraudulent exercise undertaken for depriving the landowners of their constitutional right to property with a view to favour private persons,” Justice Singhvi writing the judgement said.
The apex court passed the judgement while dismissing the appeal of certain corporate houses challenging the Karnataka High Court’s decision to quash the acquisition proceedings of over 37 acres of land in south Bangalore. The Karnataka State Tourism Development Corporation had acquired the private land through the State Government for the ostensible purpose of a Golf-cum-Hotel Resort. However, instead of constructing the resort, it chose to transfer the land to a private real estate developer for a group housing project; and also other corporate houses.
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Sir my grandfather’ land acquisition 1967 Andhra Pradesh Government private company public purpose now private company acquisition land missuse real-estate sir take back land original owner is possable please clarify
In Rajasthan State Government ,in 2007, issued a policy that in all the 18 Rajasthan districts , all residential houses that are being used for commercial purpose will be regularised and licence will be issued to all shops. I as an Advocate filed a Public Interest Litigation against Govt. policy. Hon’ble Chief Justice Shri Lodha and Hon’ble Justice Shri Chouhan stayed the policy directing that if the policy is implemented it will be irreversible. Then new Congress Govt. itself stayed the policy to be reviewed after a few months. Now Congress has also adopted same policy in its Master Plan 2025.Land use is being changed after a short notice in newspapers by both Municipal Corporation and Jaipur Development Authority. So many cases in Rajasthan High Court are pending. But Govt’s vested interests are clearly visible
Judgement on the base of natural justice.Thanks to very learned & Honorable SC’s Justices.The judgement will be very helpful to effected innocent & helpless farmers from high-handedness & haphazard land acquisition by Govt.
kudos to supreme court, for the fair decision’
land is the biggest scam & govt is using its power to cheat innocent public in the name of “acquistion”. all land deals by the givt are with vested interests & ends in pure private gains. amassing land in the name os “acquisition” has become a dangerous tool in the hands of the govt & should be put to an end at all costs. It is high time all “discretionary powers” are withdrawn with immdieate effect.
the supreme court should be lauded for its fair judgement. atleast there is some ray of hope for the common man from the clutches of greedy.