Bengaluru: The Karnataka high court has quashed the acquisition of over 10 acres of land in Bengaluru South taluk, holding that the nearly four-decade-old proceedings were vitiated by fraud, suppression of material facts, and manipulation of official records.The acquisition involved two parcels measuring 5 acres and 30 guntas and 4 acres and 31 guntas at Hosahalli village, Uttarahalli hobli, proposed for acquisition for the Ex-servicemen House Building Cooperative Society, Bengaluru.A division bench of Justices DK Singh and TM Nadaf allowed an appeal filed by landowner V Sreenivasaiah and set aside a Feb 25, 2025 order of a single judge, who had dismissed his writ petition with costs of Rs 1.5 lakh, holding that the acquisition had attained finality in 1989.Sreenivasaiah contended that he continued to be in possession of the land and that no award had been passed or compensation paid for the properties.Examining the records, the bench referred to the findings of the GVK Rao committee, constituted by the state govt to examine the functioning of house-building cooperative societies. The committee had identified several irregularities in the affairs of the Ex-servicemen House Building Co-operative Society and recommended that the proposed acquisition be dropped. It had also suggested that the society either identify land within its jurisdiction or refund the money collected from members.The court said it had undertaken a detailed scrutiny of the records despite earlier adverse orders against the appellant. “No person takes the risk of getting severe costs imposed unless he is seriously aggrieved for some grave wrong and non-consideration of his grievance of the alleged fraud,” it observed.The bench also relied on a Feb 9, 2023 endorsement by the special land acquisition officer stating that records relating to the consent award, payment of compensation and deposit of compensation before the jurisdictional court were unavailable.It noted that the society had paid compensation to its own general power of attorney holder rather than the landowner, that the GPA holder was absconding and that the GPA document itself did not exist.Holding that compensation in compulsory land acquisition must be paid by the state, the court said these developments undermined the basis of the earlier decisions and that the case was not barred by the principle of finality of litigation. Concluding that the acquisition proceedings were tainted by fraud, suppression of material facts and manipulation of records, the bench set aside the single judge’s order.
