Authority: Supreme Court of India (Civil Appellate Jurisdiction)
Order Date: 23 July 2026
Case Overview
- The appeal (Civil Appeal No. ___ of 2026, arising out of SLP (Civil) No. 20347 of 2022) is filed by Francisan Service Society of Bangalore against Karnataka Industrial Area Development Board (KIADB) and others concerning the acquisition of a parcel of land.
- The acquisition process began with a notification dated 16‑12‑2006 issued under Section 28(1) of the Karnataka Industrial Area Development Act, 1966 (KIADA). The acquisition proceedings were not concluded; the final declaration was delayed.
- Francisan Service Society filed a writ petition in 2019 seeking quashing of the acquisition. The learned Single Judge allowed the petition, holding that the acquisition notification had lapsed due to inordinate delay.
- KIADB and the Special Land Acquisition Officer filed an intra‑court appeal, which was allowed on 30‑05‑2022. During the pendency of that appeal, KIADB issued a final acquisition notification on 04‑11‑2021.
- KIADB submitted an affidavit stating that the land is vacant, no orphanage exists, and the land is vested in the State Government free of encumbrances. The appellant continues to claim an orphanage exists, a factual dispute the Court declines to resolve.
- The Court directed that compensation to the appellant be determined in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, treating 04‑11‑2021 as the relevant cut‑off date, and that the award be passed within two months of the order.
- The order was signed by CJI Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana. Leave was granted, the appeal dismissed, and any pending applications were ordered to stand closed.
Final Outcome
- The Supreme Court dismissed the appeal, leaving the respondents bound by the statement that compensation will be calculated per the 2013 Act using 04‑Nov‑2021 as the reference date, with the award to be rendered within two months.
Topics: Land Acquisition, Compensation, Judicial Decision