M. VENKATESH AND ORS. versus COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY

M. VENKATESH AND ORS. versus COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY

Plaintiffs cannot claim settled possession over land that is vacant and cleared of structures; sale after preliminary acquisition notification is void and gives no title, only right to compensation; plaintiffs failed to establish adverse possession for statutory period and, therefore, suits for declaration and injunction cannot be sustained.

Parties
Applicant: M. Venkatesh and Ors.; Respondent: Commissioner, Bangalore Development Authority; Applicant: Prabhaudas Patel
Jurisdiction
India
Judgment Date
24 September 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Civil Appeals by plaintiffs dismissed; Civil Appeal by BDA allowed.
Legal Topics
Vacant Land, Settled Possession, Adverse Possession, Compensation, Sale Post Acquisition
Property Law Land Acquisition Vacant Land Settled Possession Adverse Possession Compensation Sale Post Acquisition

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Parties

M. Venkatesh and Ors.

Applicant

Commissioner, Bangalore Development Authority

Respondent

Prabhaudas Patel

Applicant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether claim for settled possession over vacant land is legally tenable
  2. 2 Whether plaintiffs had perfected title by adverse possession
  3. 3 Effect of sale of property after preliminary notification of acquisition

Ratio Decidendi

Plaintiffs cannot claim settled possession over land that is vacant and cleared of structures; sale after preliminary acquisition notification is void and gives no title, only right to compensation; plaintiffs failed to establish adverse possession for statutory period and, therefore, suits for declaration and injunction cannot be sustained.

Court Disposition

Civil Appeals by plaintiffs dismissed; Civil Appeal by BDA allowed.

Orders

  • Civil Appeals arising out of SLP (C) No.38601 of 2012 and SLP (C) Nos.12013-12015 of 2013 dismissed; Civil Appeal arising out of SLP (C) No.12016 of 2013 allowed; Impugned High Court judgment set aside insofar as it dismisses BDA's RFA No.911 of 2002; RFA No.911 of 2002 to stand allowed and suit by plaintiff...