Case Note & Summary
The petitioners, five individuals residing in Lingapur village, Hirekerur Taluk, Haveri District, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the grant order dated 10/03/2020 issued by the Deputy Commissioner, Haveri District, granting government land to the Karnataka Power Transmission Company Ltd (KPTCL) for construction of a power substation. The petitioners claimed that they are adjacent landowners and that the grant was made without following the mandatory procedure under Sections 69 and 70 of the Karnataka Land Revenue Act, 1964, which require notice to interested persons and consideration of objections. They had made representations to the respondents (Annexures-G, G1, G2, G3, G4) but no action was taken. The respondents, represented by the Additional Government Advocate, argued that the grant was made in public interest for a power substation. The court, after hearing both sides, found that the Deputy Commissioner had not issued any notice to the petitioners or other interested persons before granting the land, and had not considered their objections. The court held that the grant order was illegal and liable to be quashed. Accordingly, the court issued a writ of certiorari quashing the grant order dated 10/03/2020, and a writ of mandamus directing the respondents to consider the petitioners' representations afresh after giving an opportunity of hearing to all concerned parties. The petition was allowed.
Headnote
A) Land Law - Grant of Government Land - Sections 69 and 70 of the Karnataka Land Revenue Act, 1964 - Mandatory Procedure - The Deputy Commissioner granted government land to KPTCL for a power substation without issuing notice to adjacent landowners or considering their objections, violating the statutory procedure. The court held that the grant order dated 10/03/2020 is illegal and quashed it, directing the respondents to consider the petitioners' representations afresh after hearing all parties. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Certiorari and Mandamus - The petitioners sought quashing of the grant order and a direction to consider their representations. The court allowed the petition, quashing the grant order and directing the respondents to consider the representations in accordance with law. (Paras 1-10)
Issue of Consideration
Whether the grant of government land by the Deputy Commissioner for construction of a power substation without following the mandatory procedure under Sections 69 and 70 of the Karnataka Land Revenue Act, 1964, and without hearing the petitioners who are adjacent landowners, is legal and sustainable.
Final Decision
The court allowed the writ petition, quashed the grant order dated 10/03/2020 issued by the Deputy Commissioner, and directed the respondents to consider the petitioners' representations afresh after giving an opportunity of hearing to all concerned parties.
Law Points
- Grant of government land must comply with statutory procedure under Karnataka Land Revenue Act
- 1964
- Sections 69 and 70
- including notice and hearing of objections from interested persons
- Deputy Commissioner cannot bypass procedure by invoking urgency without proper justification
- Writ of Certiorari lies to quash illegal grant orders
- Writ of Mandamus lies to compel consideration of representations.
