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Supreme Court of India 2019-08-26 allowed

Vinayak House Building Co-operative Society Ltd vs State of Karnataka & Ors

Bench: 3 — S. Abdul Nazeer

In Brief

The Supreme Court quashed the State of Karnataka's order de-notifying 3 acres 5 guntas of land from acquisition. The land was being acquired for a cooperative housing society to form a town planning layout in Bangalore. The landowner, who had already failed in writ petitions challenging the acquisition, sought de-notification. The Court held that withdrawal of acquisition under Section 48 of the Land Acquisition Act, 1894 cannot be exercised arbitrarily or at landowners' request when land is part of an approved public layout. Planned city development and public interest override private property claims. The Court directed the state to vest the land in the society for civic amenities, emphasizing that de-notification damages urban planning and infrastructure."

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Land Acquisition Town Planning Urban Development Housing Cooperatives Administrative Law Constitutional Law

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