Pay compensation to owners as per market rate for land acquired in 1986: SC tells Karnataka govt

New Delhi:  The Supreme Court has told the Karnataka government to pay the current market value of a two-acre plot acquired as part of Vijaynagar town at Hinkel village in Mysuru district in 1986, holding the government can't withhold payment of compensation for so long in land acquisition cases.

A bench of Justices Surya Kant and Ujjal Bhuyan pointed out that the denial of compensation to villagers for such a long time violated Article 300 A (right to property) of the Constitution.

The court allowed a plea by senior advocate Anand Sanjay M Nuli, appearing for land owners Jayalakshamma and others who had waited for compensation for the land acquired for raising the town in the Mysuru district.

The counsel contended despite the issuance of final notification and the award, the landowners were made to keep waiting for the compensation. The land along with structures continued to be in possession and the owners continued to pay all taxes and electricity bills, he said.

The court felt the authorities here failed in showing any reasons either in facts or law to justify withholding compensation, which may warrant cancellation of the acquisition but segregating a small parcel of land out of the total acquisition would neither in the interest of the development of the township or in landowners.

It ordered the Special Land Acquisition Officers to pay the compensation to the landowners as per the market value prevailing on June 1, 2019. The bench also directed the landowners to hand over possession of the plot to the authorities free from any encumbrances.