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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
Mogannagowda S/O Timmegowda – Appellant
Versus
State Of Karnataka By Its Principal Secretary, Department Of Revenue – Respondent
ORDER :
M.NAGAPRASANNA, J.
The petitioners, in both these cases, call in question acquisition proceedings, pursuant to the final notification issued by the State seeking to acquire the lands of the petitioners for the purpose of Chikkamagaluru-Sakaleshpura New Broad Gauge Railway Project (‘the Project’ for short).
2. Facts in brief, germane, are as follows: -
2.1. The petitioners are owners of certain landed properties coming within the project. On 30-01-2019 the 2nd respondent/ Deputy Commissioner issues a preliminary notification under Section 11(1) of the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013 (hereinafter referred to as ‘the Act’ for short). The 3rd respondent/Special Land Acquisition Officer issues notices to the petitioners in terms of gazette notification dated 28-02-2019 which was issued after issuance of preliminary notification. In terms of notices so issued, the petitioners were to submit their objections on or before 08-08-2019 and an opportunity of hearing was to be granted to the petitioners on 21-08-2019 in terms of the notification. The petitioners in Writ Petition No.19828 of 2024 communicate to the
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
Personal hearing is a statutory requirement under Section 21(2) of the Act; failure to provide this violates natural justice and invalidates any acquisition award.
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.
The right to a personal hearing in land acquisition proceedings is fundamental, and failure to provide adequate notice and opportunity to be heard violates statutory requirements.
Procedural lapses in land acquisition notification, hearing, and timelines vitiate proceedings, but completed construction and record loss warrant fresh award under original Act rather than new regim....
Compliance with statutory requirements for land acquisition is critical, but national interest may override individual objections when procedures are followed. The court upheld the legality of the ac....
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....
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