Execution Proceedings Need Not Be Initiated For Collector To Transfer Award Amount To Person Who Loses Land: Karnataka High Court
The Karnataka High Court has clarified that once an award under Section 30 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is passed, it is for the Collector to as expeditiously as possible, preferably within a period of 30 days to deposit the amount so awarded under a general award into the bank account of the land loser unless...
The Karnataka High Court has clarified that once an award under Section 30 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is passed, it is for the Collector to as expeditiously as possible, preferably within a period of 30 days to deposit the amount so awarded under a general award into the bank account of the land loser unless there is a dispute as regards the title to the property acquired.
Justice Suraj Govindraj said, “Once the amount is received into the bank account of the land loser, land loser could always protest the quantum of compensation and if so protested, then the proceedings under sub-Section 1 of Section 64 could be undertaken. If no protest is made within a reasonable period of time, then it would be deemed that the land loser has received the amount as compensation into his bank account and has conceded to the quantum of compensation so awarded under Section 30.”
The bench made these observations while allowing a petition filed by Lokanna and others. The petitioners whose land had been acquired contended that a general award was published on 05.10.2024. A notice was also issued under Section 37 of the RFCTLARR Act, 2013, to submit relevant papers for payment of compensation. Pursuant to this, the petitioners submitted all the relevant documents, but the payments had not been made.
The respondents opposed the plea, submitting that the petitioners have an alternative efficacious remedy of filing execution proceedings, and as such, a mandamus cannot be issued in the matter, and the petitioners would have to approach the Execution Court.
The bench noted that in terms of Section 77 of the RFCTLARR Act, 2013, payment of compensation is to be made by way of deposit in the bank account of the land loser.
Then it said “the general rule is for the Collector to deposit the amounts in the bank account of the land loser and the only exceptions are those covered under sub-Section 2 of Section 77. Sub-Section 2 of Section 77 provides that if a person who is entitled to compensation does not consent to receive it or if there is no person competent to alienate the land or raises any dispute as to title, then the Collector shall deposit the amount of compensation in the Authority to which reference under section 64 would be submitted.”
Following which it held, “There is a duty on part of the Collector to tender payment of compensation awarded by remitting the same into the bank account of the land loser. There would therefore be no requirement to initiate any execution proceedings.”
Allowing the petition, it directed respondent No.4 (SLO) to make payment of the compensation as awarded in the award passed along with applicable interest, within a period of 4 weeks.
Appearance: Advocate N L Batakurki for Petitioners.
HCGP P.N Hatti for R1, R3 AND R4.
Advocate Surabhi Kulkarni for R2.
Citation No: 2025 LiveLaw (Kar) 333
Case Title: Lokanna & Others AND State of Karnataka & Others
Case No: WRIT PETITION NO. 106967 OF 2025