2020 (2) AKR 383 ::AIROnline 2020 Kar 517 ::(2020) 4 KCCR 2767

Karnataka High Court

Hon'ble Judge(s): S. Sujatha, Jyoti Mulimani , JJ

(A) Urban Land (Ceiling and Regulation) Act (33 of 1976) , S.9, S.10— Urban Land (Ceiling and Regulation) Repeal Act (15 of 1999) , S.3(2)— Karnataka Improvement Boards Act (11 of 1976) , S.15(b)— Restoration of land - Entitlement - Plea that acquisition notification relates to 1 acre and award passed only in respect of 26 guntas 3 annas 2 paise of the said land acquired - Possession of remaining land in question not taken - No documents placed on record to show that notice was issued to appellants for taking possession of land in question - No award passed till date relating to lands in question - If third party rights are created and lands are developed, it would not be appropriate to direct authorities to restore lands to appellants - Matter remitted to examine whether appellants are entitled to benefit of saving clause under S.3(2) of Repeal Act. Land Acquisition Act (1 of 1894) , S.16(2)— Writ Petitions No.108631/2014 and 108712/2014 (ULC), D/-21.11.2017, (Kar), Reversed. (Para 18 19 20) (B) Constitution of India , Art.226, Art.227— Supervisory jurisdiction - Court exercising power under Arts. 226 and 227 can mould relief in interest of justice and equity, keeping in mind subsequent events/changed circumstances of case. ....