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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Eranna H.C. S/o Late Channappa – Appellant
Versus
Deputy Commissioner and Sole Arbitrator (Land Acquisition) Bengaluru – Respondent
| Table of Content |
|---|
| 1. compensation claim under act 2013 for acquired land. (Para 1 , 2 , 3) |
| 2. arguments against applicability of act 2013 to concluded cases. (Para 4 , 6 , 7 , 8) |
| 3. court's rule on statutory remedies under nh act. (Para 9 , 10 , 11) |
| 4. tarsem singh ruling on solatium, interest, and their impact. (Para 12 , 13 , 14) |
| 5. final ruling on dismissal of the petition. (Para 15) |
ORDER :
1. The petitioner has approached this Court seeking to direct the respondents to consider his representation dated 23.04.2022 and fix compensation in respect of the land acquired under the National Highways Act, 1956 by applying Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein referred to as ‘Act 2013’) and the comprehensive guidelines issued by the Ministry of Road, Transport and Highways (‘MORTH’ for short) dated 28.12.2017.
Brief facts
2. The petitioner’s land measuring 05 guntas in Sy. No. 183/9A1 now 183/12 of Arishinakunte Village, Dasanapura Hobli, Nelamangala Taluk, was acquired for the purpose of widening NH4. The preliminary and the final notifications were issued in 2007, under Sections 3A and 3D of the National Highways Act,
The court ruled that completed acquisitions cannot be reopened or compensated under the Land Acquisition Act, 2013, as finality under the National Highways Act, 1956 was achieved.
The court upheld the applicability of the RFCTLARR Act, 2013 to compensation determinations under the National Highways Act, affirming the Arbitrator's decision to enhance compensation based on resid....
The compensation for land acquisition under the National Highways Act must include solatium and interest as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and....
Acquisition of land – Constitutional guarantee of just compensation cannot be rendered contingent upon magnitude of financial burden – Mere escalation in projected liability, howsoever significant, d....
Schedule-II deals with elements like provision of housing units in case of displacement, land for land, offer for developed land, choice of Annuity of employment, Subsistence grant for displaced fami....
The Supreme Court affirmed that landowners are entitled to solatium and interest under the Land Acquisition Act for acquisitions made under the National Highways Act, following the unconstitutionalit....
The provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, apply to land acquisitions under the National Highways Act, requiring a detailed examination of indivi....
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