Govt. Cannot Act As Robber Of Citizens: Karnataka High Court






Case Detail: M V Guruprasad & Anr Vs. State of Karnataka

A single bench judge Krishna S. Dixit allowed the petition and said that “without justice, what else is the state but great band of robbers…?”.

The court has distressed about the actions of the Karnataka Industrial Areas Development Board (KIADB) and its officials for nearly 15 years of failing to pay compensation to landowners whose properties were acquired for public purposes in 2007.

KIADB released a notification to acquire the land for public purposes however failed to pay the compensation to them. Therefore, in 2013, petitioner made a representation to pay the compensation for at least the lands acquired by them. In 2014, government issued notification entitling compensation to pay such land-owners. However, no compensation was paid.

Noting the facts, the bench stated KIADB ought to have woken up and arranged for payment of the payment of compensation. However, strangely it has filed its Statement of Objections seeking dismissal of the petition contending that they have already developed the land and allotted the same to several entrepreneurs.”

Further the court said, “their action in not paying the compensation is not only grossly violative of property rights constitutionally guaranteed under Article 300A but gnaws at overarching objectives of the Welfare State enshrined under the Constitution”.

“Justice of the case warrants that the Petitioners be paid at least 50% of the compensation to be computed under the provisions of 2013 Act, along with solatium, interest & such other things.”

“It hardly needs to be stated that the Writ Courts being the custodians of Constitutional Rights of the citizens, have to individualize justice taking into account the facts & circumstances of the case at hands.”

The court directed the respondents to determine/re-fix the compensation at the rate of 50% to be computed under the provisions of Section 77 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 along with solatium, interest & such other benefits. Time for compliance of all the above directions is three months.

Story Update By: Ms. Sai Sushmitha, Correspondent at Lawgic.

Edited By: Ms. Nandini Nair, Content-Head at Lawgic.

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