IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION No.54659/2017 & W.P.No.55253/2017 (LA-RES) BETWEEN:
T.G. SAMPATHKUMAR S/O. LATE T.G. GUBBANNA, AGED ABOUT 57 YEARS, BUSINESSMAN, RESIDING AT "SRI RENUKA NILAYA", NEAR SRI RENUKA YALLAMMA TEMPLE, PANDURANGANAGARA, TUMKUR CITY – 572 101. ... PETITIONER (BY SRI: GANGADHARAPPA A.V., ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, MULTISTORIED BUILDING, DR. B.R. AMBEDKAR ROAD, BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR – 572 101.
3. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, TUMKUR SUB-DIVISION, TUMKUR – 572 101.
4. TUMKUR MAHANAGARA PALIKE, REPRESENTED BY ITS COMMISSIONER, TOWN HALL, TUMKUR CITY – 572 101. ... RESPONDENTS (BY SRI: V. SHIVA REDDY, HCGP FOR R-1 TO R-3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL NOTIFICATION ISSUED BY THE R-1 DTD. 04.06.2014 PUBLISHED IN THE KARNATAKA GAZETTE DTD.
26.06.2014 TRUE COPY OF WHICH IS PRODUCED AS ANNX-F IN ACQUIRING AND EXTENT OF 2400 SQUARE FEET BEARING MUNICIPAL ASSESSMENT NO.3485/2462 TOTALLY MEASURING 8 GUNTAS SITUATED IN WARD NO.31, JAYANAGARA EAST EXTENSION, TUMKUR CITY AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Petitioner claims to be owner of land bearing Sy.No.57, measuring 8 guntas, situated at Shettihalli Village, Kasaba Hobli, Tumkur Taluk. According to the petitioner, the said extent of land was notified for acquisition for the formation of road by issuance of Preliminary Notification on 31/05/2013 under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as “the Act” for the sake of brevity). Subsequently, Final Notification dated 04/06/2014 was issued under Section 6(1) of he Act. Thereafter, no award has been passed. In the interregnum, the said Act stood repealed and has been substituted by The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the 2013 Act”). The contention of the petitioner is that, in the absence of award being passed, the acquisition has lapsed. In that regard, reference has been made to Section 25 of the 2013 Act.
2. I have heard learned counsel for the petitioner and learned Government Pleader for respondent Nos.1 to 3, who has appeared on advance notice as well as perused the material on record.
3. Having heard learned counsel for the parties, it is noted that although the Preliminary Notification was issued on 31/05/2013, Final Notification has been issued only on 04/06/2014. No doubt, with effect from 01/01/2014, 2013 Act has been enforced, but Section 24 is a transitory provision aimed to save certain acquisitions, subject to the conditions mentioned therein applying and at the same time, re-vesting land to the land owners whose lands have been acquired under the provisions of the Act on the lapse of acquisition. The grievance of the petitioner herein being that no award has been passed in respect of his land, Section 25 of the 2013 Act would not apply as the acquisition has not been initiated under the 2013 Act, but the acquisition has been initiated under the provisions of the Act and no award under Section 11 has been passed. As on date if no award has been passed, then the provision of 2013 Act may apply with regard to determination of compensation. This is as per Section 24(1)(a) of the 2013 Act. In that view of the matter, the petitioner is entitled to seek determination of compensation in terms of 2013 Act, when the award is to be passed. The Final Notification having been issued on 04/06/2014 and no award having been made till date under the provision of Section 11A of the erstwhile Act, the petitioner would be entitled to a declaration that the acquisition had lapsed. But the Act having been repealed with effect from 01/01/2014, having regard to Section 24(1)(a) of the 2013 Act, he could seek compensation in terms of 2013 Act. The respondents are directed to consider the case of the petitioner for passing of an award in terms of the observations made above. The award shall be passed within a period of two months from the date of receipt of certified copy of this order.
4. It is needless to observe that the petitioner shall appear before the concerned authority along with the certified copy of this order as well as the requisite documents, so that the concerned respondent/authority could consider the same and pass an award in accordance with law.
5. Writ petitions are disposed in the aforesaid terms.
Sd/- JUDGE S*