Sri M Gopal v. the Government of India
Case brief
What is this about?
Court disposed of a challenge to land acquisition notifications without prejudice to compensation claims. It conditionally allowed a writ to quash awards and directed the competent authority to determine compensation afresh based on the 2013 Act, while noting solatium and interest applicability under Apex Court observations.
What did the court decide?
Certiorari to quash awards for fresh compensation determination; Mandamus to frame award afresh within three months after hearing; disposal of notification-related petition as withdrawn.
What the court decided
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WP No. 4348/2018 C/W WP No. 9099/2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 4348 OF 2018 (LA-RES)
C/W
WRIT PETITION NO. 9099 OF 2016(LA-RES)
IN W.P.NO.4348/2018:
BETWEEN:
- SRI. M GOPAL, S/O RAMAPPA KANAYA, AGED ABOUT 79 YEARS, RESIDING AT SOMA NIVAS, BANDYOD, MANGALAPADY POST – 671 324.
Issues for consideration
3 issues framed by the court
Whether the petitioners' challenge to the preliminary notification and final notification under the National Highways Act, 1956 should be maintained.
Whether compensation in land acquisition proceedings initiated under the 1956 Act but occurring after 2013 should be determined under the 2013 Act.
Whether impugned awards passed under the 1956 Act should be quashed for defective determination of compensation.
Parties & counsel
- petitioner
Sri. M Gopal and Others
- respondent
The Government of India and Others
Coram
Krishna S Dixit
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · February
- Registered
- Case no.
- WP/4348/2018
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