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M. I. ARUN
K. Ganganna, S/o. Sri Krishna Reddy – Appellant
Versus
State Of Karnataka, Represented By Its Principal Secretary, Revenue Department – Respondent
ORDER :
(M.I. Arun, J.)
1. The lands of the petitioner have been acquired by the respondents for the purposes of Indian Railways. On the ground that there has been delay in passing the final notification contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the Act' for short), the petitioner has challenged the said acquisition.
2. The preliminary notification under Section 11(1) of the Act was passed on 19.06.2020. Thereafter, the time for publishing the final notification was extended, as per Section 19(7) of the Act, by a notification dated 03.12.2021 wherein the time stood extended from 02.07.2021 to 31.12.2021. Thereafter, it was again extended by another notification dated 17.03.2022 for the period from 01.01.2022 to 30.06.2022. Thereafter, it was again extended by a notification dated 25.08.2022 for the period from 30.06.2022 to 30.08.2022. Again, it was extended by a notification dated 25.11.2022 for the period from 01.11.2022 to 31.12.2022. Again, it was extended for the period from 01.01.2023 to 31.03.2023 by a notification dated 06.03.2023. Again, it was extended for the period from 31
The court upheld the land acquisition for a railway project while ensuring compensation is based on market value as of 09.04.2022, emphasizing lawful procedures and timely compensation.
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
The extension of statutory timelines under land acquisition laws must be substantiated with valid justifications; failure to do so warrants quashing of the extension order.
Inordinate delay in land acquisition proceedings renders the action of authorities arbitrary, justifying the quashing of notifications.
The court held that long delays in land acquisition proceedings violate constitutional rights, rendering acquisition invalid, and declared compensation provisions under Section 20 unconstitutional fo....
Section 25 of LARR Act reads as Period within which an award shall be made –The Collector shall make an award within a period of twelve months from the date of publication of the declaration under se....
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