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2016 (12) TMI 1853 - HC - Indian LawsValidity of acquisition proceedings - declaration also sought that the acquisition has lapsed by virtue of the provisions contained in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as compensation amount was not deposited nor physical possession of the land was taken - HELD THAT:- The land in question is a small piece of 7 guntas of land situated at Bommanahalli village in Bengaluru South Taluk. Therefore, question of BDA now proceeding with the acquisition by passing an award taking over possession and making any layout to distribute the sites at this stage, does not arise. After a lapse of 30 years, BDA cannot proceed with the acquisition by passing an award as it would result in arbitrary exercise of power by the BDA, in as much as, the market value to be determined and compensation payable would be reckoned as it existed on the date of publication of the preliminary notification during the year 1984. Payment of compensation on that basis to the land owners would be illusory. The acquisition having not been completed, no award having been passed nor possession of the land having been taken for the last three decades, the entire acquisition proceedings stand lapsed as having been abandoned by the BDA and the State Government - the principle that transferee of land after the publication of preliminary notification cannot maintain a writ petition challenging the acquisition, cannot be made applicable to a case where the acquisition itself has been abandoned and has stood lapsed due to efflux of time on account of the omission and inaction on the part of the acquiring authority, particularly because, it is because of the lapse of time and the abandonment of acquisition, right accrues to the original owner to deal with his property including by way of sale and the purchaser will acquire right to protect his interest. It is hereby declared that the acquisition proceedings in respect of land bearing Sy. No. 44/7 measuring 7 guntas of Bommanahalli village, Bengaluru North Taluk, have stood lapsed and have been abandoned - Petition allowed.
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