Ananthaswamy Vs State of Karnataka (Karnataka High Court)
The Karnataka High Court considered an intra-Court appeal challenging the order dated 25.04.2018 passed by the learned Single Judge in WP Nos.19348-349/2016 and 23686-696/2016. The appellant had challenged acquisition proceedings concerning several parcels of land undertaken under Sections 28(1) and 28(4) of the Karnataka Industrial Areas Development Act, 1966 (KIAD Act), for the Bangalore–Mysore Infrastructure Corridor Project (BMICP). The appellant sought, among other reliefs, a declaration that the acquisition had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act).
The appellant contended that the acquisition was not in accordance with law and that the project proponent had commercially exploited the acquired lands by selling them or entering into Joint Development Agreements with third parties. Before the Division Bench, the appellant also submitted that the learned Single Judge had disposed of the writ petition without hearing his counsel and had failed to consider certain facts, contentions and additional documents.
The respondents opposed the appeal on the ground that the appellant had previously challenged the very same acquisition proceedings. WP Nos.43358-59/2003 had been partly allowed, with 40% of the acquisition quashed and 60% sustained. The appellant’s subsequent Writ Appeal No.1558/2005 was allowed following the judgment in WA No.72/2004 and connected appeals, and the entire acquisition was ultimately upheld. The appellant then approached the Supreme Court, where the connected civil appeals were dismissed on 20.04.2006. The respondents therefore contended that the subsequent writ petition was barred by res judicata and constructive res judicata, apart from suppression of material facts.
