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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
D.B.Lakshmanagowda S/o Bhadregowda – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. procedural background of land acquisition (Para 1 , 3) |
| 2. arguments regarding personal hearing requirements (Para 4 , 5) |
| 3. court's analysis on required procedures (Para 6 , 11) |
| 4. statutory requirements for personal hearings under the act (Para 9 , 10) |
| 5. final mandamus issued for compliance with the act (Para 12) |
ORDER :
M.NAGAPRASANNA, J.
The petitioner is before this Court calling in question acquisition proceedings instituted by the respondent/State for the purpose of laying down a Railway project.
2. Heard Sri Karthik S.Tayur, learned counsel appearing for the petitioner, Sri Spoorthy Hegde N, learned High Court Government Pleader appearing for respondents 1 to 5 and Sri M.N. Kumar, learned Central Government Senior Panel Counsel appearing for respondents 6 to 8.
3. Facts in brief, germane, are as follows: -
3.1. 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) was issued on 30-01-2019 seeking to acquire several lands including the land of the petitioner measuring 24½ guntas. The Special Land Acquisition O
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 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.
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
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....
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
The judgment emphasizes the importance of compliance with the Land Acquisition Act and the availability of remedies under Section 64 for resolving grievances related to compensation and acquisition p....
The court established that proper authority and adherence to statutory procedures are essential in land acquisition processes to ensure fairness and legality.
The publication of land acquisition notifications must comply with statutory requirements, including publication in the appropriate official gazette, and the same authority cannot hear objections and....
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....
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