Even 60-Yr-Old Compensation Claim Maintainable When State Admits It Acquired Private Land Without Following Procedure: Karnataka High Court
The Karnataka High Court has said that delay, even extending across 'half a century', does not semi articulate the landowners claim to just compensation, when it is admitted by the State that it has without legal formalities taken over the private land.Justice M Nagaprasanna held thus while allowing a petition filed by a father-daughter duo Ramesh and Sushmitha, questioning an order passed by...
The Karnataka High Court has said that delay, even extending across 'half a century', does not semi articulate the landowners claim to just compensation, when it is admitted by the State that it has without legal formalities taken over the private land.
Justice M Nagaprasanna held thus while allowing a petition filed by a father-daughter duo Ramesh and Sushmitha, questioning an order passed by the Deputy Commissioner of Tumkuru District, denying them compensation for the usage of their land, under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The bench said, “No individual's private property shall be wrested away by the State save through the due process ordained by law. To do otherwise, or to permit what is done otherwise, to stand would be to do violence to the constitutional fibre.”
Ramesh had gifted the said property in favour of his daughter through a registered gift deed on 04.12.2017. However, noticing the fact that the government has utilised the land belonging to them for the purpose of establishment of a school wayback in the year 1957, several representations were submitted seeking compensation. Since they were not considered, Ramesh approached the high court, which directed the authority to decide on the same. Following which the impugned order came to be passed.
The petitioners argued that the land of the petitioners admittedly is being utilised by constructing a government school and formation of a road. If the fact is admitted, it cannot be said that the petitioners would not be entitled to any compensation.
The government opposed the plea contending that the land of the petitioners was no doubt utilised but it was voluntarily handed over by Ramesh long ago in the year 1957. Since he kept quiet for ages, he could not seek compensation after 65 years as his right either to reclaim possession or seek compensation has withered away with statutory Limitation of 12 years as obtained under the Limitation Act, 1963, said the State.
The bench noted that the State concedes that the petitioner's land has long stood in the service of public infrastructure. “When the State by its own hand has taken away the possession of the citizen's private land, whether by force oversight or voluntarily handed over, it must meet the threshold of justification by grant of compensation.”
Following which it held “In the light of the State's own admission that the land having been utilised without recourse to lawful acquisition, this Court is of the considered opinion that compensation must inevitably follow.”
Accordingly, the Court directed the State to determine compensation under 2013 Act and pass necessary orders within three months.
Appearance: Advocate Kishan K.S for Petitioners.
HCGP Rashmi Rao for Respondent.
Citation No: 2025 LiveLaw (Kar) 407
Case Title: H P Ramesh & ANR AND State of Karnataka & ANR
Case No: WRIT PETITION No.3982 OF 2023