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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
H.P.Ramesh, S/o. Late Panchaksharaiah – Appellant
Versus
State Of Karnataka, Represented By Its Principle Secretary, Revenue Department – Respondent
| Table of Content |
|---|
| 1. ownership and claims for compensation for land use (Para 1 , 3) |
| 2. arguments on entitlement to compensation (Para 2 , 4 , 5) |
| 3. court's observations on prior representations and orders (Para 6 , 7) |
| 4. legal principles regarding property rights and delay in claims (Para 10 , 11) |
| 5. conclusion and order for compensation (Para 12) |
ORDER :
M.NAGAPRASANNA, J.
The petitioners are before this Court calling in question an order dated 08.11.2021, passed by respondent No.2 denying payment of compensation for the usage of their lands in Survey No.51 of Haradagere Village and seeks a consequential mandamus to the respondents, to pay compensation for the land utilised, under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. Heard Sri Kishan G.S., learned counsel for the petitioners and Smt. Rashmi Rao, learned High Court Government Pleader for the respondents.
3. Facts in brief, germane, are as follows:
The father of the first petitioner owned certain land measuring 2 acres and 8 guntas in survey No.51 of Haradagere Village. The first petitioner gifts the property in favour of the second petitioner - daughte
The court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
Welfare State cannot deprive property without due process and compensation under Article 300A; cannot plead adverse possession or delay against owners seeking payment for land used in public road con....
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
Welfare state cannot deprive property without due process and compensation for public use like road construction; adverse possession, delay, laches, estoppel unavailable despite long delay as continu....
(1) State cannot shield itself behind ground of delay and laches in such a situation – There cannot be a limitation to doing justice.(2) Acquisition of land – Nobody can be deprived of liberty or pro....
The court affirmed that oral consent for land acquisition must be evidenced in writing, and deprivation of property without compensation violates constitutional rights.
Landowners are entitled to due process and compensation for property utilized by the State without formal acquisition, as under Article 300A of the Constitution.
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