Supreme Court Seeks Resolution in Land Allotment Dispute for Krishna Upper Project.


07 January 2025 Property Law >> Personal Law  

In the case of Petition for Special Leave to Appeal (C) No.19375/2021 arising out of impugned final judgment in WA No. 100075/2021 passed by the High Court of Karnataka Circuit Bench at Dharwad, the dispute centers around the acquisition of land for the Krishna Upper Project. The respondents, originally petitioners, claim that while they were compensated financially for their land (6 acres and 3 guntas), it was also the State Government's policy to grant alternative land in such cases, which they argue was not honored.

The original petitioners sought 7 acres and 39 guntas of alternate land but were denied. As a result, they approached the High Court for relief. The Single Judge ruled in their favor, but the Division Bench modified the judgment, allotting them only 1 acre and 33 guntas, considering that 1 acre of the land was previously used for non-agricultural purposes.


 

 
 
 

The Authority, aggrieved by the reduction, filed an appeal. The central issue is whether the original petitioners are entitled to any alternate land in addition to the monetary compensation they received. The petitioners rely on "The Bagalkot Town Development Authority (Allotment of Industrial Sites) Rules, 1993," which the High Court did not consider.

The High Court did acknowledge that the petitioners, as Project Affected Entrepreneurs, were entitled to an industrial site, but there was disagreement regarding the size of the allotment. Although the Authority had conceded that the petitioners were entitled to 1 acre and 33 guntas, the matter is still under review.

The Supreme Court, after deliberating on the case, decided not to disturb the High Court’s ruling. Instead, they encouraged the Authority to resolve the matter by agreeing to allot the 1 acre and 33 guntas. The Authority was given two weeks to consider this proposal, with the next hearing scheduled for January 22, 2025.