The High Court of Karnataka, Dharwad Bench held that respondent authorities violated Article 300A by utilizing the petitioner's land without proper procedure and directed them to pay compensation.
Respondent authorities directed to pay suitable compensation to the petitioner for the utilized land within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 22ND DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
Writ Petition No.109484/2019 (LA - RES)
Between
Sri Basettappa s/o Veerappa Kumbalavathi, aged about 65 years Occ; Agriculture, r/o Kustagi Tq: & Dit: Koppal. ...Petitioner
(By Sri Gurudev I Gachchinamath, Advocate)
A n d
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(By Sri Vinayak S Kulkarnri, Additional Government Advocate Sri Shivaraj S Balloli, Advocate for R1 to R3, R4 - served)
This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the respondents No.1 to 5 to consider the representation of the petitioner vide Annexure-D dated 21.11.2015 and further direct the respondent No.1 to 5 to pay the compensation to the petitioner for having acquired 3 guntas of land in Sy.No.53/11 and 8 guntas of land in Sy.No.53/12.
This writ petition coming on for preliminary hearing in `B’ group, this day, the Court made the following:
ORDER
Petitioner is the owner of lands bearing Sy.No.53/11
measuring 6 guntas and Sy.No.53/12 measuring 8 guntas. He
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states that respondents – Authorities have utilized 3 guntas of land in Sy.No.53/11 and 8 guntas of land in Sy.No.53/12 without following due procedure of law. Hence, this writ petition seeking for a direction to pay compensation to petitioner for having utilized his lands in question.
Annexure-E issued by respondent No.3 would indicate that petitioner’s lands in Sy.No.53/11 measuring 0.03 cents (300
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square meters) and Sy.No.53/12 measuring 0.08 cents (800 square meters) have been utilized by respondents – Authorities for the purpose of widening of NH-13. However, respondents – Authorities without following due procedure of law has utilized the lands belonging to petitioner. The action of respondents – Authorities utilizing the petitioner’s land is in violation of Article 300A of Constitution of India. The right to immovable property is not only constitutional right, but also human right. Petitioner cannot be deprived of his valuable right over the lands in question without due process of law. Respondents – Authorities are under an obligation to pay compensation for utilizing the lands belonging to petitioners.
In view of the same, writ petition is disposed of directing respondents – Authorities to pay suitable compensation to petitioner for which he is legally entitled to for having utilized the lands in Sy.No.53/11 measuring 0.03 sq.mtrs. (300 square meters) and Sy.No.53/12 measuring 0.08 cents (800 square meters) in accordance with law. The said exercise shall be
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completed within three months from the date of receipt of copy
of this order.
Sd/-
JUDGE
Bkm
3 issues framed by the court
Whether authorities are liable to pay compensation to the petitioner for utilizing his land without following due procedure of law.
Whether the petitioner is entitled to compensation under Article 300A of the Constitution of India.
Whether the respondent authorities directed the petitioner to consider the representation regarding land acquisition and pay compensation.
2 provisions across 1 enactments
Sri Basettappa s/o Veerappa Kumbalavathi
The National Highway Authorities of India (Ministry of Road Transport Highways)
The Project Director National Highway Authorities of India
The Special Land Acquisition Officer Government of India
The Deputy Commissioner, Koppal
The Assistant Commissioner, Koppal
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
