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S. G. PANDIT, VIJAYKUMAR A. PATIL
State of Karnatka, Represented by its Revenue Secretary, Department of Revenue – Appellant
Versus
Narasimha S/o. Gurucharya Avadhani – Respondent
JUDGMENT :
This intra-Court appeal is filed by the State Government challenging the order dated 13.01.2021 passed in W.P.No.61563/2011 (LA-RES) by the learned Single Judge, whereby, petition filed by the respondent No.1 was allowed.
2. Brief facts giving rise to the filing of this appeal are that, the respondent No.1 invoked the jurisdiction of writ court under Article 226 of the Constitution of India, seeking prayer to issue writ in the nature of mandamus directing the revenue authorities to restore the possession of the land or pay compensation. It is averred that, the respondent No.1 is the owner, in lawful possession of agricultural land in block No.33 measuring 5 acre 24 guntas in Saidapur village of Dharwad taluk. He was working in Indian Air force, hence, he could not cultivate the land in question. At the request of respondent No.1, the State Government took over the possession of the land for the management under Section 65 of the Bombay Tenancy and Agricultural Land Act, 1948 by passing an order dated 24.02.1960.
3. The land in question was allotted to one Sri. A.A. Morab by the revenue authorities for cultivation of land for a period of ten years and after expiry of the per
Point of law: Act of the appellant-State Government is arbitrary and illegal in denying the compensation to the real owner.
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The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
The main legal point established is that the petitioner's failure to demonstrate reclamation and payment of lease rent as per the lease conditions resulted in the rightful transfer of possession to t....
Compulsory acquisition of land – If any individual is to be divested or deprived of said right by State, it ought not be done without giving compensation in accordance with law for land so acquired f....
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