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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, UMESH M.ADIGA
Jemcy Ponnappa C.P., S/o C.P. Ponnappa – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. challenge to the dismissal of the previous writ petition. (Para 1 , 2) |
| 2. acquisition of land and compensation assessment. (Para 3 , 4 , 5) |
| 3. approval requirement for awards over rs. 5 crores. (Para 6 , 10) |
| 4. arguments on statutory authority regarding compensation. (Para 7 , 8) |
| 5. discussion on the applicability of acquired provisions. (Para 9 , 11 , 13) |
| 6. principle of res judicata and finality in litigation. (Para 18 , 27) |
| 7. rejection of arguments regarding rules and amendment relevance. (Para 24 , 25) |
| 8. final judgment dismissing the writ appeal. (Para 26 , 29) |
JUDGMENT :
(PER: HON'BLE MR. JUSTICE D K SINGH)
1. This appeal has been filed challenging the impugned judgment and order dated 12.11.2024, passed by the learned Single Judge in Writ Petition No.12603/2024 (LA-KIADB).
2. The parties are referred to as per their ranking in the writ petition.
3. The petitioners' land was acquired by the Karnataka Industrial Areas Development Board, by issuing Final Notification under Section 28 (4) of Karnataka Industrial Areas Development Act, 1966 (for short, `KIAD Act'), dated 15th December 2017. The compensation amount for the land of the petitioners acquired was assessed by
Court upheld that compensation for land acquisition exceeding five crores requires state approval; prior unapproved awards are invalid, and res judicata bars re-litigation of previously decided matte....
The lack of consent from all landowners for compensation fixed by the Advisory Committee invalidates the agreement, resulting in the lapse of acquisition proceedings under the New LA Act.
Acquisition of Land – Non passing of award – Lapse of proceedings - provisions of Section 24(2) of the 2013 Act, is not applicable to an acquisition proceeding initiated under the provisions of the K....
The main legal point established in this judgment is that landowners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettl....
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
The landowners are entitled to just compensation at current market value when delays in awarding compensation are not due to their actions.
The State must comply with due process for land acquisition and compensate fairly; failure to follow procedures amounts to a constitutional violation.
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.
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