Karnataka High Court dismisses challenge to land acquisition after 44 years: ‘right to relief is lost’

The petitioner requested the invocation of the court's powers under Article 226 of the Constitution to obtain records in two land acquisition cases dating back to 1978.

With regard to the aspect of compensation, the court said it was open to the petitioner to approach the competent authority with representation. (File Photo)

The Karnataka High Court earlier in July dismissed an appeal in the case of a land acquisition that happened 44 years ago after an appeal was filed against a single judge order passed in January this year.

While dismissing the case, the single judge noted there was a 44-year gap from the start of the matter which was unexplained in the petition.

The petitioner requested that the court’s powers under Article 226 of the Constitution be invoked to obtain records in two land acquisition cases dating back to 1978. It was also requested that proceedings be started to pass an award for compensation.

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In an order passed on July 1, a bench of Karnataka High Court Chief Justice N V Anjaria and Justice K V Aravind said, “It is inter alia averred that the petitioner came to know for the first time in the last week of December 2018 that the compensation was not paid. Subsequent to the petitioner’s knowledge claimed to be in the year 2018 also, even thereafter there is a delay of three years”.

“Forty-four years is too long a time to maintain legal action. With the passage of such protracted time, the right to relief is lost. The jurisdictional Article 226 of the Constitution is not liable to be exercised to entertain the stale and a virtually dead claim,” the bench also observed.

With regard to the aspect of compensation, the court said it was open to the petitioner to approach the competent authority with representation. The matter was subsequently dismissed by the court.

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