The legal journey of challenging land acquisition for an Integrated Infrastructure Project has seen multiple rounds of litigation, each resulting in the courts upholding the state’s right to proceed with the development. The Division Bench of the High Court and the Supreme Court have consistently rejected challenges, emphasizing the legality of the acquisition proceedings. Dive deeper into the legal analysis behind these decisions and understand the implications for future infrastructure projects.
Facts
- The Planning Authority is directed to issue Commencement Certificate to the Project Proponents within six weeks of receiving the copy of the High Court’s order.
- The Integrated Infrastructure Corridor and Finance Project includes residential, industrial, and commercial facilities like self-sustaining Townships, expressways, power plants, water treatment plants, etc.
- The litigation history includes a public interest litigation by H.T. Somashekar Reddy questioning the land requirement for the Project and seeking the quashing of FWA.
- The FWA pertains to the development of industrial infrastructure facilities.
- The Division Bench of the High Court rejected the challenge in Writ Petition No. 29221/1997, which was affirmed by the Supreme Court in SLP(C) No. 4922/1999.
- A second round of litigation was initiated by J.C. Madhuswamy and Srirama Reddy in a public interest litigation questioning land acquisition for the Project.
- The main issues raised were excess land acquisition for real estate near Bangalore and illegal sale of land for Bangalore Exhibition Centre construction.
- The Division Bench of the High Court dismissed the writ petitions in 2005 and directed the State to proceed with the Project.
- This decision was upheld by the Supreme Court in State of Karnataka & Anr. Vs. All India Manufacturers Organisation & Ors.
- A third round of litigation by M. Nagabhushana challenging the acquisition proceedings was rejected by the Division Bench in 2010.
Also Read: Analysis of Legal Issues in Property Dispute Case
Case Title: BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY Vs. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED (2020 INSC 399)
Case Number: C.A. No.-002116-002128 / 2020
