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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
S.R.Krishna Kumar
Kashinath, S/O Amarappa Salakk – Appellant
Versus
Union of India Through The Secretary, Ministry of Road Transport And Highways, Govt. of India, New Delhi – Respondent
| Table of Content |
|---|
| 1. reliefs sought by petitioners under various writ petitions. (Para 2 , 3 , 4 , 5 , 6) |
| 2. respondents' contention about the legality of demolition and lack of acquisition. (Para 8 , 10 , 11) |
| 3. court's observations on due process and legality of demolition. (Para 14 , 15 , 16 , 17) |
| 4. court's decision to quash previous awards and enforce compensation according to law. (Para 18 , 19 , 20) |
ORDER :
S.R.Krishna Kumar, J.
In W.P.No.202818/2023, the petitioners seek the following reliefs:
“A) A Writ in the nature of mandamus, directing the respondent authorities to initiate acquisition proceedings under National High Ways Act, 1956 and pay compensation under R F C T L A R R Act of 2013, in respect of lands/structures of the petitioner.
B) Kindly issue a writ or Order or Direction in the nature of Mandamus to the respondents to give the compensation immediately according to today’s valuation & Schedule Of Rates to the demolished structures and lands of the petitions along with the 100% of Solatium and 18% of interest per annum from the date of Demolish, within a time bound period, in the interest of justice and equity.
C) Kindly Issue any other suitable writ or order or directions
The right to property under Article 300A must be upheld through due legal processes; unlawful dispossession by state authorities mandates compensation per statutory requirements.
The court ruled that the State Land Acquisition Officer cannot shift the date for determining compensation; only higher courts possess that authority under Articles 32/142 of the Constitution.
The landowners are entitled to just compensation at current market value when delays in awarding compensation are not due to their actions.
The judgment emphasizes that lapsing provision under Section 11A does not apply to acquisitions made by Nagpur Improvement Trust under NIT Act, while also highlighting entitlement to compensation for....
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....
The court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
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 right to property under Article 300-A mandates compensation for land acquisition, and the State cannot deprive landowners of their property without due process and compensation.
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