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2024 Supreme(Online)(KAR) 22103
HIGH COURT OF KARNATAKA
MR JUSTICE V SRISHANANDA, J
KASHIRAM AND ANR – Appellant
Versus
THE PRINCIPAL SECRETARY AND ORS – Respondent
WP 203078/2019
SRI. R. S. SIDHAPURKAR, ADVOCATE; SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1, R2 AND R5; SRI. PRASHANT S. KUMMAN, ADVOCATE FOR R3 AND R4
Failure to deposit the advance amount within the stipulated time leads to lapse in land acquisition proceedings, necessitating fresh proposals for acquisition and proper compensation.
Headnote:(A) Land Acquisition Act - Sections 4(1) and 6(1) - Land acquisition proceedings - The court addressed the lapse of acquisition proceedings due to the failure of the beneficiary body to deposit the advance amount within the stipulated period, leading to the necessity of issuing fresh proposals for acquisition. (Paras 2-6)
(B) Judicial Review - The court emphasized the need for proper compensation to be paid to landowners when acquisition proceedings lapse, ensuring justice and equity in the process. (Paras 3-4)
Facts of the case:
The Assistant Commissioner provided an affidavit stating that land acquisition proceedings for specific land lapsed due to non-deposit of the required advance amount within the stipulated time. The court was presented with documentation supporting this claim and ultimately directed the Land Acquisition Officer to proceed with the acquisition and compensation.
Findings of Court:
The court ruled that the acquisition proceedings had lapsed due to the beneficiary's failure to comply with financial requirements, necessitating a fresh acquisition proposal.
Issues: The main issue was whether the land acquisition proceedings lapsed due to the non-deposit of the advance amount and the implications for compensation.
Ratio Decidendi: The court concluded that the failure to deposit the advance amount within the stipulated time resulted in the lapse of acquisition proceedings, mandating a new proposal for acquisition to ensure proper compensation to the petitioners.
Result: Writ petition disposed of directing acquisition and compensation.
Heard Sri R.S.Sidhapurkar, learned counsel for the petitioners, Sri Prashanth S Kumman, learned counsel for respondent Nos.3 and 4 and Sri Veeranagouda Malipatil, learned counsel for respondent Nos.1, 2 and 5.
2. At the time of hearing, on 04.04.2024, on behalf of the Assistant Commissioner, an affidavit was filed, which reads as under:
- “I, Prabhureddy S/o Late Manik Reddy, Aged about 48 years, working as Special Land Acquisition officer (I/C), Karanja Project, Bidar, today at Kalaburagi do hereby solemnly affirm and state on oath as follows:
1. I am the Respondent No.5 in the above writ petition hence, I know the facts of the case, as such I am competent to swear this affidavit.
2. I state that, the Deputy Commissioner, Bidar addressed letter No. Bhoo Swadina: CR-14: 2000-01 dated 15.05.2000 to the SLAO (Karanja Project) Bidar instructing to acquire the land bearing Sy.No.177, 176, measuring 01 Acres 06 Guntas, situated at Aurad (B) Taluka, Bidar District. The copy of the same is herewith produced and marked as ANNEXURE R-1.
3. I state that, 4 (1) notification vide order No.LAQ: MI:03:2000-01 dated 23.07.2001 was issued subsequently 6 (1) notification vide order No.Kam E 03 Bhoo Swa 2002, Bengaluru dated 05.09.2002 was also issued following all the procedures. The copy of the same is herewith produced and marked as ANNEXURE R-2.
4. I state that, the beneficiary body which is Executive Engineer (PRE) Division, ZP, Bidar has to deposit a sum of Rs.2,00,000/- as an Advance deposit to proceed for award preparation. This deposit had to be made within two years from the date of 6 (1) notification (on or before 04.09.2004). I state that, however the land requisitioning (beneficiary) body did not deposit the said amount within the stipulated period of time. Due to this, the land acquisition proceedings got lapsed. The same was communicated by the Deputy Commissioner, Bidar vide order No.Kam/Bhoo/Swa/CR-84/2007-08/4207 dated 17.08.2007. The copy of the same is herewith produced and marked as ANNEXURE R.3.
5. I state that, in the meantime the land (Beneficiary) requisitioning body which is Executive Engineer, PRE Division, ZP, Bidar deposited a cheque bearing No.096808 dated 15.12.2006 as per noting 1 of file No.Bhoo Swa:MI:CR-03/2000-01. The copy of the same is herewith produced and marked as ANNEXURE R-4.
6. I state that, letter No.LAQ:MI:03:2000-01/1266, dated 15.10.2009 by the SLAO (KP) addressed to the Executive Engineer, PRE Division, ZP, Bidar informed that the case has got vitiated due to non deposit of advance amount within stipulated period of time and they have to once again issue fresh proposal for acquisition of the said land. The copy of the same is herewith produced and marked as ANNEXURE R-5.
WHEREFORE, I pray that this Hon'ble Court in view of the non deposit of the advance amount within stipulated time (on or before 04.09.2004), the acquisition proceedings initiated vide 4(1) notification dated 23.07.2001 has been lapsed, in the interest of justice and equity.
Hence, this Affidavit.”
3. The matter was adjourned to 05.04.2024. Today, when the matter was taken up, a memo with documents is filed by learned counsel for respondent No.4. The document is dated 05.04.2024, which is nothing but a letter addressed to the Land Acquisition Officer, Karajna Project, by the Executive Engineer, Panchayath Raj Department, Bidar, whereunder, he has recommended for acquisition of land in Borala village, Aurad (B) Taluk, Bidar, where percolation tank is already constructed.
4. Placing the said letter on record, writ petition is disposed of directing the Land Acquisition Officer to acquire the land and pay proper compensation to the petitioners, who have lost the land.
