Coast Guard challenged a reference court's order holding that land acquisition proceedings lapsed under Section 24 of the 2013 RFCTLARR Act during a Section 18 compensation reference. The High Court held the reference court lacked jurisdiction to declare lapse, quashed the order, and remitted the matter for compensation determination.
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.
NC: 2024:KHC:49782 WP No. 28954 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 28954 OF 2019 (LA-RES)
BETWEEN:
COMMANDER, NO. 3, COAST GUARD DISTRICT (KARNATAKA), P.B. NO. 19, PANAMBUR, NEW MANGALURU, DAKSHINA KANNADA DISTRICT - 575 101.
…PETITIONER
(BY SRI. KUMAR M.N, ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
1(A). MRS. LENNY RODRIGUES, WIFE OF LATE VALERIAN RODRIGUES, AGED ABOUT 42 YEARS, RESIDING AT NO. 1-106, NEAR OLD AIRPORT ROAD, MALAVOORU VILLAGE, MAGALURU TALUK, DAKSHINA KANNADA DISTRICT - 574 142.
NC: 2024:KHC:49782 WP No. 28954 of 2019
…RESPONDENTS
(BY SRI. VISHWAJITH RAI. M, ADVOCATE FOR R1; SMT. RASHMI M. RAO, HCGP FOR R2 TO R4)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN L.A.CNO.24/2015 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DAKSHINA KANNADA, MANGALURU AND PERUSE THE SAID RECORDS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioner is assailing the order dated 03.04.2019 in LAC.No.24/2015, on the file of II Additional Senior Civil Judge and CJM, Dakshina Kannada, Mangaluru (Annexure-N), holding that the acquisition proceedings became lapsed as per Section 24 of the Right to
Fair Compensation and Transparency in Land Acquisition, Re-Habilitation and Re-Settlement Act, 2013 (for short, 'the Act').
NC: 2024:KHC:49782 WP No. 28954 of 2019
petitioner and as such, the order dated 03.04.2019 in LAC.No.24/2015 on the file of II Additional Senior Civil Judge and CJM, Dakshina Kannada, Mangaluru (Annexure-N), is hereby quashed.
With this observation, writ petition is disposed of .
SD/(E.S.INDIRESH) JUDGE
PK
List No.: 1 Sl No.: 35 CT: BHK
1 issue framed by the court
Whether a trial court deciding a Section 18 reference under the Land Acquisition Act has jurisdiction to hold that acquisition proceedings lapsed under Section 24 of the 2013 Act.
4 provisions across 3 enactments
Commander, No. 3, Coast Guard District (Karnataka)
Valerian Rodrigues (since passed away), represented by his legal representatives
Mrs. Lenny Rodrigues
State of Karnataka, represented by Principal Secretary, Department of Revenue
Deputy Commissioner, Dakshina Kannada District
The Land Acquisition Officer and Assistant Commissioner, Mangaluru Sub Division
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
