2025 Supreme(Online)(Kar) 17327
KARNATAKA HIGH COURT
M.I.ARUN, J
K DEVARAJU S/O LATE K KEMPEGOWDA AGED ABOUT 63 YEARS R/AT ABBENAHALLI VILLAGE KASAB HOBLI, MALUR TALUK KOLAR DISTRICT-563 130 – Appellant
Versus
STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE – Respondent
REVIEW PETITION NO.596 OF 2024 | W.P.NO.20229/2022 (LA-KIADB)
For the Appellants/Petitioners: SRI. HEMANTH KUMAR D.
For the Respondents: SRI. H.K. KENCHEGOWDRU, AGA FOR R.1.
Compensation for land acquisition must follow the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Headnote:This review petition is filed under Order XLVII Rule 1 read with Section 114 of CPC, praying for review of the order dated 11.09.2024 in W.P.No.20229/2022, concerning compensation following land acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Court framed the issue whether requisite observations were present in the initial order regarding compensation. Court held that the respondents must adhere to the provisions of the Act for determining compensation and noted the petitioners' right to seek enhancement in the Reference Court. The review petition was dismissed due to lack of merit and reasoning provided regarding delay.
| Table of Content |
|---|
| 1. review basis and proceedings. (Para 1 , 2) |
| 2. requirement of specific compensation provisions. (Para 3 , 4) |
| 3. court's authority and procedure for compensation. (Para 5 , 6) |
| 4. decision to dismiss review petition. (Para 7) |
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF CPC., PRAYING TO REVIEW THE ORDER DATED 11.09.2024 PASSED BY THIS COURT IN W.P.NO.20229/2022 (LA-KIADB) AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. This review petition is filed against the order dated
11.09.2024 passed in W.P.No.20229/2022.
2. The lands of the petitioners have been acquired for the purposes of KIADB. In the course of the arguments, the petitioners have submitted that they will be satisfied if appropriate compensation is paid. Hence, the writ petition has been disposed of upholding the acquisition and with a direction to the authorities concerned to pay the compensation to the petitioners in accordance with law.
3. The review petition is filed on the ground that as there is no specific observation that petitioners should be paid compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , (for short 'the Act')
the concerned respondents are not determining the compensation payable to the petitioners under the said Act.
4. With regard to the compensation payable to the petitioners, the following observation is made in the writ petition:-
"3. As the lands are necessarily agricultural in nature and an alternative prayer is made by the petitioners for award of proper compensation, I do not see it as a fit case to set aside the notifications acquiring the said land. As far as the compensation to be awarded, it is needless to state that the Special Land Acquisition Officer will consider all factors before determining the compensation and if the petitioners are not satisfied by the same, they are always at liberty to approach the Reference Court for enhancement of compensation in the manner known to law."
5. Thus, as per the order passed in W.P.No.20229/2022, the petitioners are entitled to compensation payable to them in accordance with law and if they are not satisfied by the same, they are always at liberty to approach the appropriate forum in the manner known to law.
6. I do not see any error apparent on the face of the record. Further, petitioners have not made out any ground for condonation of delay in filing the review petition. For the said reason, the review petition is hereby dismissed.
7. As delay is not condoned, I.A.No.1/2024 is also dismissed.