Karnataka High Court upholds constitutional validity of the Karnataka Land Grabbing Prohibition Act, 2011.

Shriram Properties Pvt Ltd vs State of Karnataka and others. Writ Petition 47747/2017 and connected matters decided on 19 January 2021. Justice Aravind Kumar and Justice B.A. Patil.

HELD: We uphold the validity of the Constitutional validity of the Karnataka Land Grabbing Prohibition Act, 2011. The evidence admitted in civil court can be admitted in the Special Court.

Location of Land Grabbing Courts in capital city is onerous. Transferring of cases taking jurisdiction of the Civil Court without any reasons is not correct. Hence we direct the Special Court to re examine the transfer of cases.

Special Court to take note of the observations made in this Judgment and deal with cases individually. Petitioners may apply to the Special Court for dismissal or dropping of the proceedings. Till the adjudication is done, demolition of the building or forcible taking possession is not to be done.

Mandamus issued to constitute additional courts preferably in all districts.

Observations of the Court will be updated soon.

S. Basavaraj, Advocate, Daksha Legal.

Published by rajdakshalegal

Senior Advocate, High Court of Karnataka, Bengaluru

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