The high court has dismissed a batch of petitions challenging preliminary and final notification for the acquisition of lands for Dr Shivaram Karanth Layout in view of the orders passed by the apex court.
Justice S R Krishna Kumar has extended the interim orders in these petitions till December 20, 2021, so as to enable the petitioners to challenge the order.
The preliminary notification for the acquisition was issued on December 30, 2008. Several petitions were filed challenging the notification and the matter had reached the apex court. On August 3, 2018, the apex court had restored the preliminary notification by reversing the orders passed by both the single and division bench of the Karnataka High Court. The Supreme Court had also directed the authorities to issue final notification within three months, without excluding any acquired land.
After the order of the apex court, the Bangalore Development Authority issued the final notification on October 30, 2018.
Dismissing petitions challenging both the preliminary and final notifications, the court said that restoration of the preliminary notification by the apex court in respect of the entire extent of 3,546 acres 12 guntas, would have the effect of validating, confirming and affirming the preliminary notification with effect December 30, 2008, onwards and not from any later date.
“Consequently, all acts, deeds and things, as well as all transactions, documents etc., which have been done or come into existence after December 30, 2008 onwards, by or at the instance of any person in respect of any portion of the notified land measuring 3,546 acres 12 guntas, would get subsumed by the judgment of the Apex Court and become subject to the outcome of the acquisition proceedings pursuant to the preliminary notification,” the court said.
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