Case Note & Summary
The petitioners, owners of Plot No.1 in RS. No.18/B situated at Bagalkot, Ward No.11, Gaddankeri, Bagalkot taluk, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing respondent No.4, the Special Land Acquisition Officer, Bagalkot Town Development Authority, to pay compensation within a week as per notice at Annexure-B dated 05.10.2024. The petitioners claimed that their land was acquired for the Upper Krishna Project by the Krishna Bhagya Jal Nigam Ltd. (KBJNL) and other respondents. Despite the acquisition, the compensation as per the notice was not paid. The petitioners argued that the failure to pay compensation violated their right to property under Article 300A of the Constitution. The respondents, represented by the State and KBJNL, did not contest the claim substantially. The court, after hearing the parties, observed that once land is acquired, the owner is entitled to compensation, and the acquiring authority is bound to pay it within a reasonable time. The court noted that the notice dated 05.10.2024 had not been complied with, and no justification for delay was provided. Relying on the principle that the right to compensation is a constitutional right under Article 300A, the court held that the petitioners are entitled to the compensation as per the notice. The court directed respondent No.4 to pay the compensation within four weeks from the date of the order. The writ petition was allowed in part with the above direction.
Headnote
A) Constitutional Law - Writ of Mandamus - Right to Compensation - Article 226 of the Constitution of India - Petitioners sought direction to respondent No.4 to pay compensation for acquired land as per notice dated 05.10.2024 - Court held that once land is acquired, the owner is entitled to compensation, and failure to pay amounts to violation of Article 300A - Mandamus issued directing payment within four weeks (Paras 1-4). B) Land Acquisition - Compensation - Section 11A of the Land Acquisition Act, 1894 - Notice for compensation issued but not complied with - Court held that the acquiring authority must pay compensation within a reasonable time, and delay without justification is arbitrary - Directed respondent No.4 to pay compensation as per notice within four weeks (Paras 2-4).
Issue of Consideration
Whether the respondent authorities are liable to pay compensation to the petitioners for the acquired land as per the notice dated 05.10.2024, and whether a writ of mandamus can be issued directing such payment.
Final Decision
The writ petition is allowed in part. Respondent No.4 is directed to pay the compensation to the petitioners as per the notice at Annexure-B dated 05.10.2024 within four weeks from the date of receipt of a copy of this order.
Law Points
- Mandamus
- Land Acquisition
- Compensation
- Section 11A
- Right to Property
- Article 300A
