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Supreme Court of India 2019-08-26

M/S VINAYAK HOUSE BUILDING COOPERATIVE SOCIETY LTD vs THE STATE OF KARNATAKA

— HON'BLE MR. JUSTICE ARUN MISHRA, HON'BLE MR. JUSTICE M.R. SHAH

In Brief

A cooperative housing society challenged the government's de-notification of acquired land under the Land Acquisition Act, 1894. The land, acquired for a planned housing layout in Bangalore, was de-notified after the owner, who had already sold portions to third parties, sought its withdrawal. The Supreme Court held that de-notification cannot be granted where land forms an integral part of an approved layout plan, adversely affecting public interest. The Court set aside the de-notification order and directed the State to take possession and transfer the disputed land to the appellant society for use as civic amenities, rejecting the landowner's request as it violated statutory planning requirements.

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