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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K S HEMALEKHA
Byrappa, S/o. Doddabachhappa – Appellant
Versus
special land acquisition officer, karnataka industrial development board – Respondent
| Table of Content |
|---|
| 1. relief sought via writ petition. (Para 1) |
| 2. petitioner's historical land ownership and acquisition details. (Para 3 , 4 , 7) |
| 3. claims of unlawful appropriation and demand for compensation. (Para 8 , 9 , 19) |
| 4. respondents' defense of land classification as government land. (Para 10 , 11) |
| 5. importance of lawful acquisition and notifications. (Para 12 , 13 , 14) |
| 6. compensation determination under 2013 act. (Para 16 , 17 , 18) |
| 7. precedents reinforcing compensation rights. (Para 20 , 21) |
| 8. no valid acquisition undertaken; compensation structure mandated. (Para 22 , 23 , 26) |
| 9. court's directive for fresh acquisition proceedings. (Para 24 , 28) |
ORDER :
K.S. HEMALEKHA, J.
1. The petitioner is before this Court seeking the following reliefs:
“a. To Issue a Writ in the nature of Mandamus directing Respondents No.1, 4 and 5 to pay the compensation/award amount to the Petitioner along with 18% interest for acquisition of petitioner schedule land as per Right to fair and compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act 2013 in so for as the Petitioners schedule land is concerned.
b. To directed to initiate departmental enquiry against the Resp
The State must comply with due process for land acquisition and compensate fairly; failure to follow procedures amounts to a constitutional violation.
The landowners are entitled to just compensation at current market value when delays in awarding compensation are not due to their actions.
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.
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 obligation to pay compensation for land acquired for public purposes is a fundamental requirement under both statutory law and constitutional provisions, and failure to do so constitutes a violat....
The right to property under Article 300A must be upheld through due legal processes; unlawful dispossession by state authorities mandates compensation per statutory requirements.
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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