Sri M Gopal v. the Government of India
Case brief
What is this about?
The High Court of Karnataka disposed of a writ challenging land acquisition notifications as withdrawn, allowing a companion writ challenging compensation awards. The court ordered re-determination of compensation under the 2013 Act to include solatium and interest, directing the Assistant Commissioner to frame a new award within three months.
What did the court decide?
Writ of Certiorari quashing the award for re-determination of compensation; Writ of Mandamus directing the Assistant Commissioner to frame a fresh award within three months; W.P. No. 9099/2016 dispose
What the court decided
- 1 -
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 compensation award passed under the National Highways Act, 1956 prior to the implementation of the 2013 Act must be re-determined to include solatium and interest.
Whether writ petitions challenging land acquisition notifications should be disposed of when petitioners withdraw the acquisition challenge to pursue compensation claims in a companion writ.
Whether the Assistant Commissioner can be directed to frame an award afresh under the 2013 Act for lands notified under the 1956 Act.
Parties & counsel
- petitioner
W.P. No. 4348/2018 Petitioners
- petitioner
W.P. No. 9099/2016 Petitioners
- respondent
Government of India, Ministry of Road Transport and Highways
- respondent
Assistant Commissioner, Mangalore Sub Division
- respondent
National Highway Authority of India
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · February
- Registered
- Case no.
- WP/9099/2016
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