Justice Delayed, Compensation Reassessed: A Landmark Land Acquisition Ruling.


04 December 2024 Civil Appeals >> Civil & Consumer Law   |   Land Acquistion >> Property & Real Estate  

In Jayalakshmamma & Others v/s The State Of Karnataka & Others., the appellants owned land in Mysore, Karnataka, which was proposed for acquisition in 1981 under the City of Mysore Improvement Act (CITB Act), corresponding to the 1894 Land Acquisition Act. Despite an award being passed in 1986, no compensation was paid nor was physical possession taken. The appellants filed writ petitions in 2014, and compensation was deposited in 2019. The Karnataka High Court dismissed their petition based on res judicata.

The Supreme Court, in reviewing the case, emphasized the failure of the respondents to offer compensation or take possession for over three decades. It found the acquisition to be invalid due to the prolonged non-payment of compensation, thus quashing the acquisition.


 

 

However, recognizing the land’s part in a larger urban development project, the Court invoked Article 142 of the Constitution to ensure justice. It directed the appellants to submit objections regarding compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. The reassessment of compensation must be completed within two months, with the new compensation deposited within four weeks.


The Court ruled that the physical possession of the land should be treated as having vested with the respondents, and the appellants should not resist its re-utilization for the urban project. The appellants are not entitled to the release of the land from acquisition.


RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013  

Section 4, LAND ACQUISITION ACT - 1894  

Section 6, LAND ACQUISITION ACT - 1894  

LAND ACQUISITION ACT, 1894