M.RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra-court appeal seeks to lay a challenge to a learned Single Judge's order dtd. 4/8/2023 whereby appellants' W.P.No.4748/2018 C/w W.P.No.1130/2021 challenging acquisition of their lands has been dismissed.

(2.) Learned counsel appearing for the appellants vehemently submits that: the Doctrine of Lapse enacted in Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; possession of the subject lands continues with the appellants all through; the appellants have not received any compensation; learned Single Judge erred in invoking delay and laches even when plausible explanation was offered; similarly, the ground of suppression of material facts is wrongly invoked; the ratio in INDORE DEVELOPMENT AUTHORITY vs. MANOHAR LAAL, (2020) 8 SCC 129, has been wrongly applied. So arguing he seeks voiding of the impugned order.

(3.) Learned Additional Government Advocate appearing for the official respondents opposes the appeal drawing attention of the court as to the observations in the INDORE DEVELOPMENT supra; she makes submission in justification of the impugned order and the reasons on which it has been structured. She also presses into service the Doctrine of Res Judicata since the appellants had suffered dismissal of their writ petitions wherein similar challenge was made to the acquisition. She also highlights their culpable conduct as the sole ground for denying relief to the appellants.