Legal provisions involved: Article 300-A of the Constitution and Land Acquisition Act, 2013

Judgment by: Karnataka High Court

Judge: Justice M. Nagaprasanna

Facts

The petitioners are owners of land in Survey No. 51 at Haradagere Village in Tumakuru District. A part of their land was used by the Government long ago, about 3 guntas for constructing a Government school and 4–6 guntas for a road. This happened around 1957, but no acquisition process was followed and no compensation was paid. 

When their repeated requests were ignored, they first filed a writ petition in 2016. The Deputy Commissioner later passed an order in 2021 denying compensation, mainly saying that the claim was made too late. Therefore, the petitioners again approached the High Court.

Key legal provisions

• Article 300-A of the Constitution – No person can be deprived of their property without authority of law.
• Land Acquisition Act, 2013 – When private land is used for a public purpose, compensation must be paid

Issues raised

• Whether the State can keep using private land for decades without paying compensation?
• Does delay in claiming compensation take away the land owner’s right?

Arguments of the case

The petitioners said the Government admitted using their land, so compensation is mandatory. The Government argued that the petitioner’s father had voluntarily given the land and since over 60 years have passed, the claim is time-barred.

Judgement 

The court held that the Government cannot take private land without due process. Even if many years have passed, a wrong act does not become legal over time. The court rejected the delay argument, stating that the right to property is a constitutional right and must be respected. The earlier order denying compensation was cancelled. The State was directed to calculate and pay compensation under the Land Acquisition Act within three months.

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