1. Petitions challenge land acquisition compensation awards under Section 28A, Land Acquisition Act, 1894. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 )
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2025 Supreme(Kar) 501
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Suraj Govindaraj, J.
Karnataka Neeravari Nigam Limited - Petitioner
Versus
The Special Land Acquisition Officer And Ors.- Respondents
Writ Petition No. 100706 of 2023, Writ Petition No. 100224 of 2023, Writ Petition No. 100227 of 2023, Writ Petition No. 100229 of 2023, Writ Petition No. 100230 of 2023, Writ Petition No. 100245 of 2023, Writ Petition No. 100292 of 2023, Writ Petition No. 100294 of 2023, Writ Petition No. 100298 of 2023, Writ Petition No. 100784 of 2023, Writ Petition No. 100785 of 2023, Writ Petition No. 103082 of 2023, Writ Petition No. 103322 of 2023, Writ Petition No. 103757 of 2023, Writ Petition No. 105311 of 2023, Writ Petition No. 105586 of 2023, Writ Petition No. 105650 of 2023
Decided On : 11-06-2025
Advocates:
Advocate Appeared:
For the Petitioner:Sri. M.R.C. Ravi., Sr. Counsel Rep, Sri. Shivaraj C. Bellakki., Advocate
For the Respondent:Sri. V.S. Kalasurmath., Aga, Sri. F.V. Patil. And Sri. Nandish Patil., Advocate
Advocate Appeared:
For the Petitioner:Sri. M.R.C. Ravi., Sr. Counsel Rep, Sri. Shivaraj C. Bellakki., Advocate
For the Respondent:Sri. V.S. Kalasurmath., Aga, Sri. F.V. Patil. And Sri. Nandish Patil., Advocate
Section 28A is beneficial legislation; limitation for redetermination runs from the award date, and time for certified copies is excluded regardless of who applied. Interest applies to enhanced compensation, and execution of awards must be sought through execution proceedings, not writ petitions.
Headnote:(A) Land Acquisition Act, 1894 - Sections 11, 18, 28A, 34 - Redetermination of compensation - Application under Section 28A is a salutary and beneficial provision intended to remove inequality in compensation for similar quality of land - For computing the three-month limitation period, the time taken by the authority to issue a certified copy is excluded, regardless of whether the applicant or a third party applied for it (Paras 37.12, 37.17) - Limitation runs from the date of the award passed under Section 18, not from the date of knowledge of the applicant (Para 38.3) - Interest under Section 34 is applicable to enhanced compensation resulting from redetermination under Section 28A (Para 40.41).
(B) Execution of Awards - Writ of mandamus seeking execution of a compensation award is not maintainable when an alternative efficacious remedy is available via execution proceedings under Order 21 of the Code of Civil Procedure (Paras 44.5, 44.6, 44.7).
(C) Application of Mind - An award under Section 28A must be based on an inquiry recording findings on whether the lands are similarly situated, considering factors like location, crops, and distinguishing features; a mechanical application of another award without such findings indicates a lack of application of mind (Paras 45.15, 45.16).
Facts of the case:
Lands were acquired for irrigation and railway projects. After some landowners secured enhanced compensation through reference courts under Section 18, other landowners applied for redetermination under Section 28A. The beneficiaries of the acquisitions challenged these orders, arguing that the applications were time-barred because applicants did not obtain separate certified copies, the lands were not comparable, and that they should not be liable for interest caused by excessive administrative delays by the Land Acquisition Officer.
Findings of Court:
The court found that the applications were within the limitation period as the time taken by the authority to process certified copies is excluded for all eligible applicants. It held that interest is payable on enhanced compensation and that beneficiaries cannot avoid interest due to administrative delays they did not proactively oppose. It also found that the redetermined awards lacked necessary findings and evidence regarding the similarity of the lands.
Issues: 1. Whether a separate certified copy in the name of the applicant is mandatory for a Section 28A application. 2. Whether the limitation period starts from the date of award or from the date of knowledge of the applicant. 3. Whether administrative delays by the authority justify the exclusion of interest on enhanced compensation. 4. Whether a writ petition is maintainable for the execution of a compensation award. 5. Whether the awards were vitiated by a lack of application of mind concerning the similarity of the lands.
Ratio Decidendi: Section 28A is a beneficial provision; thus, the time spent by the authority in issuing copies is excluded for all eligible applicants to avoid depriving them of substantial rights. Limitation is strictly calculated from the date of the award. Interest under Section 34 encompasses enhanced amounts. The High Court cannot act as an executing court; parties must use the statutory execution process. A redetermined award must be grounded in evidence of land similarity rather than a mechanical adoption of a prior award.
Result: Writ petitions filed by the beneficiaries dismissed; writ petition filed by landowners dismissed with liberty to approach the execution court; awards under Section 28A set aside and remitted for fresh consideration within six months.
Legal Category Hierarchy
- property law
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practice and procedure
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writ jurisdiction
- maintainability of mandamus
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execution of award
- alternative remedy of execution proceedings
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writ jurisdiction
Table of Contents
ORDER :
Suraj Govindaraj, J.
1. The Petitioner in W.P.No.100706/2023 is before this Court seeking for the following reliefs:
a. Issue a writ, or order or direction in the nature of certiorari, quashing the impugned order dated 07.07.2022, passed by the R1 SLAO vide Annexure- G bearing No.Tumayo/Bhuswa/28A:vahi:16/ 2010/1027;
b. Issue a writ , order or direction in the nature of mandamus, directing the R1 SLAO not to award interest under Section 34 of the Land Acquisition Act, 1894 ;
c. Pass such other order in the interest of justice and equity.
2. The Petitioner in W.P.No.100224/2023 is before this Court seeking for the following reliefs:
a. Issue a writ, or order or direction in the nature of certiorari, quashing the impugned order dated 07.07.2022, passed by the R1 SLAO vide Annexure-H bearing No.Tumayo/Bhuswa/28A:vahi:245/ 2013/1023;
b. Issue a writ , order or direction in the nature of mandamus, directing the R1 SLAO not to award interest under Section 34 of the Land Acquisition Act, 1894 ;
c. Pass such other order in the interest of justice and equity.
3. The Petitioner in W.P.No.100227/2023 is before this Court seeking for the following reliefs:
a. Issue a writ, or order or direction in the nature of certiorari, quashing the impugned order dated 14.07.2022, passed by the R1 SLAO vide Annexure-G bearing No.Tumayo/Bhuswa/28A:vahi:32/ 2011/1029;
b. Issue a writ , order or direction in the nature of mandamus, directing the R1 SLAO not to award interest under Section 34 of the Land Acquisition Act, 1894 ;
c. Pass such other order in the interest of justice and equity.
4. The Petitioner in W.P.No.100229/2023 is before this Court seeking for the following reliefs:
a. Issue a writ, or order or direction in the nature of certiorari, quashing the impugned order dated 14.07.2022, passed by the R1 SLAO vide Annexure-E bearing No.Tumayo/Bhuswa/28A:vahi:9/ 2008/1029;
b. Issue a writ , order or direction in the nature of mandamus, directing the R1 SLAO not to award interest under Section 34 of the Land Acquisition Act, 1894 ;
c. Pass such other order in the interest of justice and equity.
5. The Petitioner in W.P.No.100230/2023 is before this Court seeking for the following reliefs:
a. Issue a writ, or order or direction in the nature of certiorari, quashing the impugned order dated 21.07.2022, passed by the R1 SLAO vide Annexure-H bearing No.Tumayo/Bhuswa/28A:vahi:3+6/ 2008- 09/1037;
b. Issue a writ , order or direction in the nature of mandamus, directing the R1 SLAO not to award interest under Section 34 of the Land Acquisition Act, 1894 ;
c. Pass such other order in the interest of justice and equity.
6. The Petitioner in W.P.No.100245/2023 is before this Court seeking for the following reliefs:
a. Issue a writ, or order or direction in the nature of certiorari, quashing the impugned order dated 07.07.2022, passed by the R1 SLAO vide Annexure- H bearing No.Tumayo/Bhuswa/28A:vahi:267/2013/ 1024;
b. Issue a writ , order or direction in the nature of mandamus, directing the R1 SLAO not to award interest under Section 34 of the Land Acquisition Act, 1894 ;
c. Pass such other order in the interest of justice and equity.
7. The Petitioner in W.P.No.100292/2023 is before this Court seeking for the following reliefs:
i. Issue a writ, or order or direction in the nature of certiorari, quashing the impugned order dated 14.07.2022, passed by the R1 SLAO vide Annexure-H bearing No.Tumayo/Bhuswa/28A:vahi:51/2011-12/ 1032;
ii. Issue a writ , order or direction in the nature of mandamus, directing the R1 SLAO not to award interest under Section 34 of the Land Acquisition Act, 1894 ;
iii. Pass such other order in the interest of justice and equity.
8. The Petitioner in W.P.No.100294/2023 is before this Court seeking for the following reliefs:
a. Issue a writ, or order or direction in the nature of certiorari, quashing the impugned order dated 21.07.2022, passed by the R1 SLAO vide Annexure-H bearing No.Tumayo/Bhuswa/28A:vahi:117/2012-13/ 1033;
b. Issue a writ , order or directi
