IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.R.KRISHNA KUMAR, C.M.POONACHA
Chandrashekar Shidramappa Bembalgi – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
1. This appeal by the plaintiff in OS No.90/2016 takes exception to the impugned judgment and decree dated 27.09.2021 passed by the II Additional Senior Civil Judge and CJM, Belagavi (for short ‘the Trial Court’), whereby the said suit filed by the appellant/plaintiff seeking compensation of Rs.70,74,000/- together with 12% interest from the date of non compliance of legal notice dated 03.11.2015 till realization was dismissed by the Trial Court.
2. For the purpose of convenience, parties are referred to by their respective ranks before the Trial Court.
3. Briefly stated the facts giving rise to the present appeal are as under:
(a) The appellant/plaintiff instituted the aforesaid suit against respondent Nos.1 and 2/defendant Nos.1 and 2 who are the State Government while defendant No.3 is the Commissioner of City Corporation, Belagavi and defendant No.4 is the National Highway Authority of India (for short, ‘NHAI’). The suit schedule property is described as open space measuring East-West 30 feet and North-South 75 feet situated in a property bearing CTS Nos.2605 and 2606 at Khanapur road, Tilakwadi, Belagavi. According to the plaintiff, immovable prope




Property rights remain intact unless formally acquired, and compensation is owed for land utilized by the state without due process under Article 300A of the Constitution.
The court affirmed that possession of land for public use requires legal authority and compensation, emphasizing that delay cannot bar just claims for compensation.
The main legal point established in the judgment is the obligation to pay compensation and follow due process of law when acquiring property, as well as the need for rehabilitation of affected person....
The State must follow legal procedures for land acquisition and cannot evade compensation obligations based on delay or laches.
The State cannot utilize private property without lawful acquisition and compensation, as protected under Article 300A of the Constitution.
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.
The right to property under Article 300A must be upheld through due legal processes; unlawful dispossession by state authorities mandates compensation per statutory requirements.
Land Acquisition - Legitimate right, title and possession of property - It is well settled principle of law that the plaintiff could not have been forcibly dispossessed of his property without resort....
State cannot dispossess individuals of property or utilize land for public purpose without legal acquisition and just compensation, reinforcing constitutional property rights.
State must compensate citizens for property utilized for public projects under due process. Delay in claiming rights does not preclude entitlement if injustice persists.
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