KN ASWATHNARAYANA SETTY (D) TR. LRS. & ORS. versus STATE OF KARNATAKA & ORS.

KN ASWATHNARAYANA SETTY (D) TR. LRS. & ORS. versus STATE OF KARNATAKA & ORS.

A person purchasing land after Section 4 notification is not competent to challenge acquisition proceedings; he may only claim compensation. Once possession is taken, land vests in State and application for de-notification is not maintainable. Transfers pendente lite are subject to the final decree and do not affect acquisition.

Parties
Petitioner: KN Aswathnarayana Setty (D) TR. LRS. & Ors.; Respondent: State of Karnataka & Ors.; Beneficiary/respondent: State Government Houseless Harijan Employees Association (Respondent No.3 Society)
Jurisdiction
India
Judgment Date
02 December 2013
Procedural Posture
Special Leave Petition (civil) / Final Disposition by Supreme Court
Outcome
Petitions dismissed
Legal Topics
Lis Pendens, De Notification of Acquired Land, Transfer of Property Pendente Lite, Compensation for Acquisition, Section 4 and 48(1) Land Acquisition Act
Land Acquisition Property Law Administrative Law Lis Pendens De Notification of Acquired Land Transfer of Property Pendente Lite Compensation for Acquisition Section 4 and 48(1) Land Acquisition Act

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Parties

KN Aswathnarayana Setty (D) TR. LRS. & Ors.

Petitioner

State of Karnataka & Ors.

Respondent

State Government Houseless Harijan Employees Association (Respondent No.3 Society)

Beneficiary/respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Competence of purchaser post-acquisition to challenge validity
  2. 2 Maintainability of de-notification application after possession
  3. 3 Application of doctrine of lis pendens

Ratio Decidendi

A person purchasing land after Section 4 notification is not competent to challenge acquisition proceedings; he may only claim compensation. Once possession is taken, land vests in State and application for de-notification is not maintainable. Transfers pendente lite are subject to the final decree and do not affect acquisition.

Court Disposition

Petitions dismissed

Orders

  • Petitioners entitled to compensation as determined under provisions of Land Acquisition Act, 1894