Hubballi-Dharwad Municiapal Corporation v. Sanjay S/O Shankarappa Shettemmanavar
Case brief
What is this about?
The Division Bench of the Karnataka High Court addressed writ appeals challenging awards that denied compensation to landowners for property acquired for road widening from 'road margin' areas or under layouts with conditions to relinquish land free of cost. Ruling that Section 32(5) of the KUDA Act does not mandate relinquishment of future widening areas and that such conditions are illegal and unenforceable under Article 300-A, the court held that acceptance of such terms does not create estoppel without a executed relinquishment deed. The court quashed awards denying compensation and directed the authorities to pass fresh awards with statutory benefits within three months.
What did the court decide?
Writ appeals dismissed. Impugned order dated 22-12-2021 against petitioners confirmed but modified to quash awards denying compensation. Awards quashed. Authorities directed to pass fresh awards granting compensation with statutory benefits and interest within three months.