Allowed

Shri. Ranjitsinh Ghorpade S/O Vijaysinh Ghorpade v. the State of Karnataka

Karnataka HC16 Apr 2024WP/102039/2024

Case brief

AI extract

What is this about?

Landowners sought mandamus directing authorities to pass the consent award and pay compensation after a final notification under Section 19 of the 2013 Act dated 14.12.2022. The court noted no award had been made within 12 months and no extension was notified under Section 25. The petition was allowed; respondents were directed to pass the award determining just compensation within three months.

What the court decided

AI extract

Shri. Ranjitsinh Ghorpade S/O Vijaysinh Ghorpade Vs the… — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:6433 WP No. 102039 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MRS. JUSTICE M.G.UMA

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WRIT PETITION NO.102039/2024(LA-RES)

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BETWEEN:

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SHRI RANJITSINH GHORPADE S/O. VIJAYSINH GHORPADE, AGE: 54 YEARS, OCC: AGRICULTURE, MIG-II-69 K H B COLONY, KUNCHANUR ROAD, TQ: JAMKHANDI, DIST: BAGALKOT – 587 301.

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RAJENDRASINGH GHORPADE S/O. JAYSINGHRAO GHORPADE, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: BLOCK NO.4, PLOT NO.9 SMEETA APARTMENT, OPP. ATOM PLAST, MASKARNICS COLONY, TQ: MAVAL, DIST: PUNE, MAHARASTRA – 410 506.

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Digitally signed by MANJANNA E Location: High Court of Karnataka

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BHAIRAVSINGH GHORPADE S/O. JAYASINGA RAO GHORPADE, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: SURVEY NO.286, KAKADE TOWNSHIP. H-1, KESHAV NAGAR, NEAR SHANI MANDIR, TQ. DIST: PUNE, MAHARASHTRA – 411 033.

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SANGRAM GHORPADE S/O. JAYSINHRAO GHORPADE, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: GAT NO.81/1, VISION INDATEJ, FLAT NO.601, TATHAWADE DIST: PUNE, MAHARASHTRA – 411 033.

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SHRI KUMAR GHORPADE S/O. NARAYANA GHORPADE,

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2 - NC: 2024:KHC-D:6433 WP No. 102039 of 2024

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AGE: 71 YEARS, OCC: AGRICULTURE, R/O: 118, SANAL, TQ: JAMAKHANDI, DIST: BAGALKOT – 587 301.

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…PETITIONERS

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(BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY THE SECRETARY, GOVERNMENT OF KARNATAKA, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.

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THE STATE OF KARNATAKA, BY ITS SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.

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THE COMMISSIONER, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOTE – 587 103.

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THE GENERAL MANAGER, KRISHNA BHAGYA JALA NIGAM (KBJN), 3^RD FLOOR, K.R. CIRCLE, BENGALURU – 580 001.

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THE SPECIAL DEPUTY COMMISSIONER, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOTE – 587 103.

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THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOTE – 587 103.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R3, R5 AND R6; SRI CHETAN MUNNOLI, ADVOCATE FOR R4)

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3 - NC: 2024:KHC-D:6433 WP No. 102039 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS TO PASS THE CONSENT AWARD FORTHWITH AND PAY THE COMPENSATION IN PURSUANCE OF THE NOTIFICATION BEARING NO. KAM.E.BHUSWA-7/VINIVA15/2022-2023 DATED 14.12.2022 BY R-3 VIDE ANNEXURE-B AND DIRECT THE RESPONDENTS TO PASS A CONSENT AWARD AND PAY THE COMPENSATION WITHIN ONE MONTH TO THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are seeking issuance of writ in the nature of mandamus directing the respondents to finalize and pass the award forthwith and pay the reasonable compensation pursuant to the final notification dated 14.12.2022.

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Heard Smt.Vidyavati M.Kotturshettar, learned counsel for the petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent Nos.1 to 3, 5 & 6 and Sri Chetan Munnoli, learned counsel for respondent No.4

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Learned counsel for the petitioners submits that, the petitioners are the owners of the land. A

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4 - NC: 2024:KHC-D:6433 WP No. 102039 of 2024

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notification was issued for acquisition of his land for Upper Krishna Project. Final notification under Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the Act, 2013” for short) was issued on 14.12.2022, but the award is not yet passed. As per Section 25 of the Act 2013, the period within which the award is to be made is 12 months from the date of publication of the declaration under Section 19 of the Act, 2013. The Section further says that, if no award is made within that period, the entire proceedings for acquisition of the land shall lapse.

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Learned counsel submitted that, the first proviso to Section 25 of the Act, 2013 enables the appropriate Government to extend the period of 12 months, if in its opinion circumstances exist justifying the same. But as per the second proviso decision to extent the period shall be recorded in writing, the same shall be notified and shall be uploaded in the Website of the

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5 - NC: 2024:KHC-D:6433 WP No. 102039 of 2024

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authorities concerned. But no such extension is made in the present case. Therefore prays for allowing the petition.

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Learned High Court Government Pleader while admitting the facts narrated in the petition submitted that there is delay in passing the award. However, if reasonable time is granted, award will be passed and compensation will be paid, in accordance with law. Accordingly, she prays for passing appropriate order.

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It is not in dispute that the petitioners are the owners of the land which was notified for acquisition for Upper Krishna project. Notification produced as per Annexure-B under Section 19 of the Act, 2013 was passed on 14.12.2022. It is also not in dispute that the award is not passed till today. As per Section 19 of the Act, 2013 after publication of declaration and summary of rehabilitation and settlement, when the property is required for public purpose, the final notification is to be published as per Section 25 of the Act, 2013. The Collector shall make an award within a period of 12 months from

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6 - NC: 2024:KHC-D:6433 WP No. 102039 of 2024

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the date of such publication of declaration under Section 19 of the Act, 2013. If no such award is made within a period of 12 months, the entire proceedings for acquisition of the land shall lapse. Even though the Government is authorised to extend the period of 12 months as per the proviso to Section 25 of the Act, 2013, such extension shall be in writing and shall be notified and to be uploaded on the website of the authority concerned. But it is not the contention taken by the respondents that there was any extension of period. There cannot be any justification for

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the respondents for not passing the award when the notification under Section 19 of the Act, 2013 was published on 14.12.2022. However, the petitioners are not seeking the declaration that the entire proceedings for acquisition of the land has already lapsed. The prayer is for issuance of writ in the nature of mandamus directing the respondents to pass award forthwith and to pay reasonable compensation.

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7 - NC: 2024:KHC-D:6433 WP No. 102039 of 2024

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Therefore I am of the opinion that the

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petitioners are entitled for the relief as claimed. Hence, the petition is liable to be allowed. Accordingly, I proceed to pass the following:

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ORDER

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The writ petition is allowed.

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Respondent Nos.3, 5 and 6 are directed to pass award determining the just and reasonable compensation payable to the petitioners within three months from the date of receipt of certified copy of this order. Failing which, the petitioners are entitled to take further action in accordance with law.

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SD/JUDGE

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MBS/CT-ASC List No.: 1 Sl No.: 19

Shri. Ranjitsinh Ghorpade S/O Vijaysinh Ghorpade v. the State of Karnataka

Case brief

What is this about?

What the court decided

Shri. Ranjitsinh Ghorpade S/O Vijaysinh Ghorpade v. the State of Karnataka

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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