‘Daylight dacoity’: Karnataka high court quashes land acquisition processed within 18 days

Bengaluru: The Karnataka high court has quashed the acquisition of 36 guntas of land at Devarabeesanahalli village in Bengaluru South taluk by the Karnataka Industrial Area Development Board (KIADB) in favour of New Delhi-based Royal Fragrances Private Limited. It was critical of the conduct of state authorities, terming the process a "colourable exercise of power."A division bench comprising Justices DK Singh and Tara Vitasta Ganju observed that the acquisition was mala fide, arbitrary and in clear violation of mandatory procedures. The court noted that the petitioner company's application itself was incomplete and ought to have been rejected at the threshold. Instead, the land acquisition was processed with unusual speed.
"The acquisition was a daylight dacoity on the lands of poor farmers by state authorities in favour of land sharks," the bench remarked, underscoring that no person can be deprived of property except through due process of law and strictly for a public purpose. The court set aside the earlier order of a single judge that had allowed the company's writ petition.Royal Fragrances had challenged the state govt's March 18, 2009 decision and a May 23, 2009 direction to KIADB to denotify the 36 guntas of land. In March 2013, a single bench had ruled in favour of the company. However, landowner Patel Jetalal Ramaji and his family appealed the decision, leading to the present ruling.The division bench found that the single judge had failed to consider critical material. It pointed out that the company had submitted its application to Karnataka Udyog Mitra on Aug 30, 2001, and within just 18 days, the high-level committee had approved it. Several columns in the application were left blank, including details regarding the directors' background and technical expertise.The preliminary notification was issued on Dec 10, 2001, followed by a final notification on Feb 23, 2004. The bench observed that the speed and manner in which the acquisition was processed suggested a stage-managed exercise intended to create a land bank for private real estate benefit at the cost of farmers and public interest.The court also referred to a report by the KIADB chief executive officer, which stated that five companies, including Royal Fragrances, lacked prior experience in software or computer-related industries. Despite this, land was sought to be acquired for such purposes. The bench noted that villagers had protested the acquisition for nearly two years.Explaining the doctrine of "eminent domain," the court said the state's sovereign power to acquire private property must be exercised strictly for public purpose and within constitutional limits. Acquiring farmland for entities without proven expertise and for private benefit, it held, did not qualify as a public purpose. The court concluded that the state cannot use its powers to divest farmers of land in an illegal, arbitrary or mala fide manner for private gain.
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