Petitioner, who is the owner of the site bearing No.1,

Assessment No.497/1, measuring, East to West 10 feet,

North to South 125 feet, situated at Kalleshwara Layout,

Hosadurga

Town,

Chitradurga

District,

executed

the

registered Gift Deed dated 25.01.2014 vide Annexure-D in

favour of the Hosadurga Town Municipality represented by

Hon9ble Governor of Karnataka and one of the condition

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imposed in the said Gift Deed was that the petitioner is

entitled for allotment of alternative site in lieu of

compensation for having gifted the site in favour of

Hosadurga Town Municipality. Petitioner9s grievance is that,

the respondent Hosadurga Town Municipality has not

allotted the site to the petitioner even to this date.

Learned

Additional

Government

Advocate

appearing for the respondent-State would submit that the

proposal sent by the Hosadurga Town Municipality for

allotment of alternative site to the petitioner by virtue of

registered Gift Deed has been rejected on the ground that

there is no provision under the Karnataka Municipalities Act,

to allot alternative site to the petitioner.

Though there is no provision for allotment of

alternative site under the said Act, the petitioner is entitled

for compensation for having bequeathed the site in question

to the Hosadurga Town Municipality for the purpose of

formation of road by the respondent-Town Municipality,

Hosadurga.

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The subject property has been utilized by

respondent No.2 for formation of a road in pursuance of the

Gift Deed executed by the petitioner in favour of respondent

No.2 through the Hon9ble Governor of Karnataka subject to

the condition that the petitioner is entitled for alternative

site in lieu of compensation. However, the proposal sent by

respondent No.2 has been rejected by the Government

stating that there is no provision for allotment of an

alternative site.

5.

The petitioner cannot be deprived of his right to

receive compensation by the respondents after having

utilized the site belonging to him for formation of road and

the deprivation of the same is in violation of Article 300A of

the Constitution of India. Article 300-A of the Constitution

of India specifies that no person shall be deprived of

property save by authority of law. The Apex Court in the

case of KT Plantation Pvt. Ltd (2011) 9 SCC 1 has held that

under the mandate of Article 300A, the State can only

deprive a person of the right to property if the same is for a

public purpose and the right to compensation is fulfilled,

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thereby reiterating that the right to compensation is an

inbuilt part of Article 300A.

6.

Hence, the respondents having utilized the site

belonging to the petitioner for formation of road are under

an obligation to pay compensation at present market value

to be determined under the provisions of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013. Accordingly, I

pass the following:

ORDER

i)

Writ Petition is allowed.

ii)

Respondent Nos.1, 2 and 3 are hereby directed

to determine the compensation at present market value for

having utilized the site bearing No.1, Assessment No.497/1,

measuring East to West 10 feet, North to South 125 feet

situated

at

Kalleshwara

Layout,

Hosadurga

Town,

Chitradurga District under the provisions of Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 and pay the

same to the petitioner. The said exercise shall be

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concluded within a period of three months from the date of

certified copy of this order.

Sd/-

JUDGE

SKS