Karnataka High Court
Yamanappa vs The Union Of India on 22 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 100676 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 100676 OF 2017 (LA-RES)
BETWEEN:
1. YAMANAPPA
S/O NINGAPPA AMMANAGI,
AGE: 72 YEARS,
OCCN: AGRICULTURE,
R/O: KALLATTI GALLI,
TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
2. MUTTAPPA
S/O GURUPAD GUDDODAGI,
AGE: 43 YEARS,
OCCN: AGRICULTURE,
R/O: SASALATTI VILLAGE,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
3. SHRISHAIL
S/O GURUPAD GUDDODAGI,
SUJATA AGE: 35 YEARS,
SUBHASH OCCN: AGRICULTURE,
PAMMAR R/O: SASALATTI VILLAGE,
Digitally signed by TQ: JAMAKHANDI,
SUJATA SUBHASH
PAMMAR DIST: BAGALKOT.
Date: 2024.02.27
23:31:49 -0800 4. SHIVAPA
S/O RAMAPPA MALLANNAVAR,
AGE: 65 YEARS,
OCCN: AGRICULTURE,
R/O: SASALATTI VILLAGE,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
5. BALAPPA
S/O MALLAPPA KAVATAKOPPA,
AGE: 50 YEARS,
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WP No. 100676 of 2017
OCCN: AGRICULTURE,
R/O: SHEGUNASI,
TQ: ATHANI,
DIST: BAGALKOT.
6. SUNANDA
W/O BHARAMAPPA BANAJAVAD,
AGE: 44 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL-SASALATTI ROAD,
TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
7. SHREEMANT
S/O BHUJABALI BANAJAVADI,
AGE: 55 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
8. RAJAKUMAR
S/O RAVASAHEB KURPE,
AGE: 45 YEARS,
OCCN: AGRICULTURE,
R/O: HALE LPETH GALLI,
TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
9. MAHADEV
S/O KEDAREPPA MALAGANVI,
AGE: 39 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
10. NINGAPPA
S/O KEDAREPPA MALAGANVI,
AGE: 67 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
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11. PRABHU
S/O MALLAPPA MALAGANVI,
AGE: 37 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
12. PARASAPPA
S/O VEERABHADRAPPA MALAGANVI,
AGE: 64 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
13. BHUPAL
S/O ASHOK MALAGANVI,
AGE: 30 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
14. SHANTINATH
S/O PARIS JAKKANNAVAR,
AGE: 50 YEARS,
OCCN: AGRICULTURE,
R/O: SASALATTI,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
15. NAGAPPA
S/O KALLAPPA MIRJI,
AGE: 39 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
16. GANGAPPA
S/O KALLAPPA MIRJI,
AGE: 35 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
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WP No. 100676 of 2017
DIST: BAGALKOT.
17. MUTTAPPA
S/O KALLAPPA MIRJI,
AGE: 49 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
18. BASAPPA
S/O BALAPPA KALATIPPI,
AGE: 74 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
19. MALLAPPA
S/O MALAKAPPA KALATIPPI,
AGE: 71 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
20. LAXMAN
S/O TIPPANNA BELAGALI,
AGE: 45 YEARS,
OCCN: AGRICULTURE,
R/O: WARD NO.2, TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
21. SANGAMESH
S/O RUDRAPPA KALATIPPI,
AGE: 27 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
22. SHIVAGOUND
S/O BHIMAPPA KALATIPPI,
AGE: 62 YEARS,
OCCN: AGRICULTURE,
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R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
23. NINGAPPA
S/O BHIMAPPA KALATIPPI,
AGE: 59 YEARS,
OCCN: AGRICULTURE,
R/O: KALLATTI GALLI, TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
24. PARAPPA
S/O BHIMAPPA KALATIPPI,
AGE: 57 YEARS,
OCCN: AGRICULTURE,
R/O: SASALATTI,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
25. NILAVVA
W/O KUMAR KADAGAD,
AGE: 50 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
26. ALLAPPA
S/O BHIMAPPA KALATIPPI,
AGE: 50 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
27. UMESH
S/O ALLAPPA KITTUR,
AGE: 45 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
28. SHANATAVVA
W/O SATTEPPA KITTUR,
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WP No. 100676 of 2017
AGE: 59 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
29. BASAPPA
S/O SIDDAPPA PUJARI,
AGE: 37 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
30. SHRISHAIL
S/O PARAPPA PUJARI,
AGE: 61 YEARS,
OCCN: AGRICULTURE,
R/O: TERADAL,
TQ: JAMAKHANDI,
DIST: BAGALKOT.
...PETITIONERS
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND:
1. THE UNION OF INDIA,
REPRESENTED BY ITS
GENERAL MANAGER,
SOUTH WESTERN RAILWAYS HUBBALLI.
DIST: DHARWAD
2. THE STATE OF KARNATAKA
REPRESENTED BY THE
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT
(LAND ACQUISITION),
M.S. BUILDING,
BENGALURU-560001.
3. THE DEPUTY COMMISSIONER,
BAGALKOT DISTRICT,
BAGALKOT.
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WP No. 100676 of 2017
4. THE SPECIAL LAND ACQUISITION OFFICER,
CUM.ASST. COMMISSIONER,
JAMKHANDI,
JAMAKHANDI SUB DIVISION,
DISTRICT BAGALKOT.
5. THE CHIEF ENGINEER,
IV CONSTRUCTION BRANCH,
SOUTHH WESTERN RALWAY
HUBALLI-5800023.
6. THE DEPUTY CHIEF ENGINEER,
IV CONSTRUCTION BRANCH,
SOUTHH WESTERN RAILWAY,
HUBBALLI-580023.
7. THE TAHSILDAR,
JAMAKHANDI TALUKA JAMAKHANDI,
JAMAKHANDI SUB-DIVISIOON,
DISTRICT BAGALKOT.
...RESPONDENTS
(BY SRI.HANAMANTHARAY LAGALI, AGA, FOR R2 TO R4 AND R7;
SRI. M.B. KANAVI, ADVOCATE FOR R1, R5 & R6;
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUION OF INDIA PRAYING TO DECLARE ENTIRE LAND
ACQUISITION PROCEEDINGS BEING UNDER TAKEN FOR THE
CONSTRUCTION OF BAGALKOT-KUDACHI RAILWAY LINE IN VIEW OF
NOTIFICATION BEARING NO.RB/LAQ/CR/22/12-13 DATED
15.12.2012 ISSUED UNDER SECTION 4(1) OF THE LAND
ACQUISITION ACT, 1894 (ANNEXURE-B) AND FINAL NOTIFICATION
BEARING NO. RD 51 BHUSWAVI 2014 DATED 09.04.2014
(ANNEXURE-C) AS LAPSED IN SO FAR AS THE LANDS OF THE
PETITIONERS HEREIN ARE CONCERNED, IN THE INTEREST OF
JUSTICE AND EQUITY.
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WP No. 100676 of 2017
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The lands belonging to the petitioners herein situated at Sasalatti Village were proposed to be acquired for the purpose construction of new Bagalakote-Kuduchi railway line by issuing a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894", for short) dated 15.12.2012. After holding an enquiry under Section 5-A of the Act, 1894, the final notification under Section 6(1) of the Act, 1894 was published on 09.04.2014 to acquire the subject lands.
2. This petition is filed to declare that the acquisition proceedings initiated stands lapsed by operation of Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, since the award is not passed within the stipulated time.
3. This Court vide order dated 06.10.2017 granted an interim order, staying all further proceedings pursuant to the impugned notifications vide Annexures-B and C.
4. The preliminary notification was published on 15.12.2012, and before issuance of the final notification under Section 6(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "Act, 2013", -9- NC: 2024:KHC-D:4421 WP No. 100676 of 2017 for short) came into force with effect from 01.01.2014. Section 114 of the Act, 2013 deals with repeal and saving, and sub Section (2) states that the repeal under sub Section (1) shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897, with regard to the effect of repeals. Therefore, the State Government published the final notification on 09.04.2014.
5. The lands are sought to be acquired under the provisions of Act, 1894. Section 24 of the Act deals with land acquisition process under the Act No.1 of 1894 shall be deemed to have been lapse in certain cases, and sub-Section 1(a) states that where no award under Section 11 of the Act 1894 have been made, then all provisions of this Act relating to the determination of compensation shall apply. To put it simply, an award has to be passed under the Act, 2013, though the acquisition process was initiated under the Act, 1894, where no award is passed.
6. Learned counsel for the petitioner argues that the award having not been passed within twelve months as mandated under Section 25(1) of the Act, 2013, the acquisition stands lapsed. He further argues that no order is passed extending the time to pass the award under the First proviso was passed. Therefore, the entire proceedings stands lapsed.
7. Learned AGA for the State would submit that Section 25 of the Act, 2013 which deals with the period within which the award shall be made provides for extension of time for passing the award. Therefore, in exercise of the power
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8. Considered the submissions made by the learned counsel for the parties.
9. It is undisputed, preliminary notification as well as final notification were issued under the provisions of the Act, 1894, and therefore, the respondent - authority was required to pass an award under the provisions of the Act, 2013 as stated under Section 24(1) of the Act, 2013.
10. Section 25 of the Act, 2013 deals with the period within which an award shall be made, and it states that the Collector shall make an award within a period of twelve months from the date of publication of the declaration under Section 19, and proviso to Section 25 states that the government shall have the power to extend the period of twelve months if in his opinion circumstances exist justifying the same.
11. The final notification under Section 6(1) of the Act, 1894 was published in the official gazette on 13.04.2014 and date of the publication in the Gram Chavadi was on 30.05.2014.. Therefore, in view of the specific provisions contained in Section 25 of the Act, 2013 award should have been passed within twelve months from the date of publication of the notification under Section 19, and the Government has the power to extend the period of twelve months if circumstances exist in justifying the same. The last of the
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NC: 2024:KHC-D:4421 WP No. 100676 of 2017 publications in the Gram Chavadi was on 30.05.2014, and the award ought to have been passed on or before 29.05.2015. In the instant case, the Special Land Acquisition Officer has not gotten the extension of the time for passing award, but the draft award was prepared and the same was approved by the State Government on 24.05.2016 which is beyond twelve months without any extension of time.
12. The First proviso to Section 25 of the Act, 2013 provides for extension of time. The proviso does not stipulate the maximum time, which can be extended. When the provision is silent, it is implied that it should be passed within a reasonable time, and the reasonable time depends upon facts and circumstances of each case, but it cannot exceed the original period specified unless there are specific provisions allowing for such extensions. This principle ensures that the Government adheres to the original terms and conditions as much as possible , to promote fairness and prevent the Government from exercising the powers arbitrarily. The draft was approved on 24.05.2016. The First proviso to Section 25 speaks about extension of time, but there is no such order of extension of time is passed. The very purpose of Section 25 of the Act, 2013 would become redundant, thus, resulting in making Section 25 ineffective.
13. The final notification was published in the Grama Chavadi on 30.5.2014 and the award was approved on 24.05.2016, but the award has not been passed till date.
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14. The Government has not passed any order for extension of time in the present case.
15. This Court, vide order dated 06.10.2017, granted an interim order staying all further proceedings pursuant to the preliminary notification at Annexure-B and final notification at Annexure-C.
16. Accordingly, I pass the following:
ORDER
i) The writ petitions are allowed.
ii) The impugned preliminary notification dated 15.12.2012 at Annexure-B issued under Section 4(1) of the Act, 1894 culminating in issuing the final notification dated 09.04.2014 at Annexure-C issued by respondent No.3 stand quashed.
Sd/-
JUDGE SSP CT:ANB List No.: 1 Sl No.: 4