Karnataka High Court directs State govt to pay compensation now for using private land nearly 70 years ago without acquiring it as per law

The High Court of Karnataka has directed the State government to pay compensation as per the existing land acquisition law for a piece of private land, which the government utilised for constructing a school building and a public road nearly 70 years ago without acquiring the land as per the manner known to law.

Justice M. Nagaprasanna passed the order while allowing a petition filed by H.P. Ramesh of Haradagere village, Gubbi taluk in Tumakuru district.

The court directed the government to determine compensation under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass necessary orders, in accordance with law, within three months.

Though the government admitted before the court that the school building was existing on the land in question since 1957, it pointed out that there are no records to indicate that the ancestors of the petitioner had objected use of their land for construction of school or had sought any compensation for their land.

However, the government, sans any records or documents, claimed that school building appears to have been constructed with the help of villagers and the petitioner’s father appears to have voluntarily allowed his land for construction of school and formation of the road. The government has also claimed that petitioner is not entitled for compensation due to delay as there is a limitation of 12 years to raise a list under the Limitation Act, 1963.

Disagreeing with government’s claim, the court noted that petitioner’s father too had given several representations to the authorities for compensation, but the authorities did not act on the representations.

“Delay even extending across half a century, does not semi articulate the landowners claim to just compensation, when it is admitted by the State that, it has, without legal formalities taken over a private land,” the court observed.

When the State by its own hand has taken away the possession of the citizen’s private land, whether by force oversight or voluntarily handed over, it must meet the threshold of justification by grant of compensation, the court said.