In Brief
The Bangalore Development Authority had acquired land including Survey No. 50 for developing a housing layout. Land owners challenged the acquisition in several writ petitions, all dismissed. In 1984, the State took possession and handed the land to BDA. In 2001, the State withdrew the acquisition by notification, but then cancelled that withdrawal. Land owners challenged the cancellation, arguing possession was never properly taken. The High Court allowed their petition. The Supreme Court reversed this, holding that: (1) possession was validly taken in 1984 as evidenced by an official gazette notification; (2) earlier court findings on possession operate as res judicata; (3) the State can rescind a Section 48 withdrawal notification under the General Clauses Act; and (4) land owners cannot approach the government for relief after courts have dismissed identical writ petitions.
The lawyer headnote and full judgment text are available to registered users.