Case Note & Summary
The petitioners, land-losers whose lands were acquired by the Karnataka Industrial Area Development Board (KIADB) for formation of an industrial layout, filed writ petitions under Articles 226 and 227 of the Constitution of India. Their grievance was against the non-assessment and non-payment of compensation for eucalyptus trees standing on their acquired lands. The respondents relied on Condition No.4 of a Circular dated 19.07.2001, which excluded eucalyptus, casurina and other firewood trees from compensation. The petitioners contended that this condition was arbitrary and unreasonable, and that they were entitled to compensation for the trees. The court examined the condition and found it to be arbitrary and unreasonable, as it excluded certain types of trees without any rational basis. The court held that the condition violated Article 300A of the Constitution, which protects the right to property, and also principles of natural justice. The court quashed Condition No.4 of the Circular and directed the respondents to assess and pay compensation for the eucalyptus trees in accordance with law. The writ petitions were allowed.
Headnote
A) Land Acquisition - Compensation for Trees - Arbitrary Condition - Condition No.4 of Circular dated 19.07.2001 excluding eucalyptus, casurina and other firewood trees from compensation is arbitrary and unreasonable - The condition violates Article 300A of the Constitution and principles of natural justice - Held that the condition is quashed and the respondents are directed to assess and pay compensation for eucalyptus trees as per law (Paras 1-5).
Issue of Consideration
Whether Condition No.4 in the Circular dated 19.07.2001, which excludes eucalyptus, casurina and other firewood trees from compensation, is arbitrary and unreasonable, and whether the petitioners are entitled to compensation for eucalyptus trees standing on acquired land.
Final Decision
Writ petitions allowed. Condition No.4 of the Circular dated 19.07.2001 is quashed. Respondents are directed to assess and pay compensation for the eucalyptus trees standing on the petitioners' acquired lands in accordance with law.
Law Points
- Compensation for trees
- Land acquisition
- Eucalyptus trees
- Arbitrary condition
- Right to property
- Article 300A
- Natural justice
- Reasonableness
Case Details
2019 LawText (KAR) (01) 56
Writ Petition Nos. 12174-12176 of 2014 (LA-KIADB)
V B Siddaramaiah for petitioners; Dildar Shiralli for R1; G S Vinaya Kumar for R2 & R3
Shivamma, Nanjundappa, Y.S. Siddesh
State of Karnataka, Karnataka Industrial Area Development Board, Special Land Acquisition Officer
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging non-payment of compensation for eucalyptus trees on acquired land.
Remedy Sought
Quashing of endorsement dated 18.2.2014 and direction to respondents to consider representation dated 25.7.2013 for payment of compensation for eucalyptus trees.
Filing Reason
Non-assessment and non-payment of compensation for eucalyptus trees standing on lands acquired by KIADB for industrial layout.
Issues
Whether Condition No.4 of Circular dated 19.07.2001 excluding eucalyptus trees from compensation is arbitrary and unreasonable.
Whether petitioners are entitled to compensation for eucalyptus trees under land acquisition.
Submissions/Arguments
Petitioners argued that Condition No.4 of the Circular is arbitrary and unreasonable, and they are entitled to compensation for eucalyptus trees.
Respondents relied on Condition No.4 to deny compensation for eucalyptus trees.
Ratio Decidendi
Condition No.4 of the Circular dated 19.07.2001, which excludes eucalyptus, casurina and other firewood trees from compensation, is arbitrary and unreasonable, violating Article 300A of the Constitution and principles of natural justice. Therefore, the condition is quashed, and compensation must be paid for such trees.
Judgment Excerpts
The grievance of the land-losers in these writ petitions essentially is against non-assessment and payment of compensation for the eucalyptus trees allegedly standing on the lands acquired.
This exclusion is on the basis of Condition No.4 in the Circular dated 19.07.2001 at Annexure-AA to the amended writ petition.
The said condition which excludes eucalyptus, casurina and other firewood trees for the purpose of assessment of compensation, reads as under: '4. Malkies such as eucalyptus, casurina and other firewood trees shall not be considered for payment...'
Acts & Sections
- Constitution of India: Articles 226, 227, 300A
