Representative image of land.
Credit: DH Photo
Bengaluru: A citizen cannot be deprived of just compensation merely because there is a dispute between the authorities, the high court has observed in a recent judgement. Justice Suraj Govindaraj also said that the Chief Secretary has to take appropriate decisions to ensure payment of compensation to a woman from Kalaburagi.
The petitioner Jagadevi’s four acres of land at Kapanoor village was acquired for the construction of houses for the weaker section. The government advocate submitted that the subject lands are not in possession of either the Revenue department or the Public Works department.
The court noted that whatever the inter-se disputes may be between the state authorities and the petitioner who is the land loser cannot be deprived of the compensation for such loss of land. “Whether the compensation is paid by the Revenue Department, Public Works Department or the Zilla Panchayat, it does not matter insofar as the petitioner is concerned. The petitioner is only looking for just compensation to be awarded for the loss of the land, which has not been given for the last several decades, and the petitioner has been made to run from pillar to post by filing one representation after the other with the authorities,” the court said.
The court further said, “I am of the considered opinion that it would be for the Chief Secretary of the Government of Karnataka to take appropriate decision in the matter and direct the concerned authority to make payment of compensation by following the due procedure that may be required to be followed. The compensation being liable to be paid in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, considering that the respondents have not paid the compensation till now,” Justice Suraj Govindaraj said.
The court also said that the Chief Secretary is at liberty to initiate proceedings against such officers who have indulged in unauthorizedly taking over the possession of the petitioners’ land and recovering such amounts from them.