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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S. HEMALEKHA
Iqbal Ahmed S/o Late M. Rehman Khan – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. final decision regarding interest entitlement (Para 1 , 15) |
| 2. land acquisition facts and compensation timeline (Para 2) |
| 3. petitioner's arguments against denial of interest (Para 3 , 4 , 5 , 6) |
| 4. respondents' defense against interest claims (Para 7 , 8) |
| 5. court's analysis on consent agreements and interest (Para 9 , 10 , 11 , 12) |
| 6. precedents regarding interest on delayed compensation (Para 13 , 14) |
ORDER :
K.S. HEMALEKHA, J.
The petitioner has approached this Court seeking for the following reliefs:
“i) Issue a writ, order or direction in the nature of certiorari or any other appropriate writ as this Hon'ble Court deems fit in quashing the Endorsement bearing No.Belgaum/V.Bhoo Swa.A- 2/3763/2023-24 dated 27.03.2024 issued by the 4th Respondent vide ANNEXURE-A, in the interest of justice and equity.
(ii) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ directing the Respondent Nos.2 and 4 to pass an award determining a fair, just and reasonable compensation in respect of the land measuring 8 Acres in Sy.No.6, Block No.1, Singahalli Village, Jala Hobli, Bangalore acquired by the Respondents vide Preliminary Notification dated 07.0
Consent agreements do not waive statutory entitlement to interest on delayed compensation under specific land acquisition laws.
Petitioners are not entitled to claim compensation for structures on enhanced rate, on the basis of Standard Schedule Rates of 2005-06.
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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