Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition - Acquisition of land by State - Under s.28(1) and (4) of Karnataka Industrial Area Development Act- For the purpose of industrial development by Industrial Area Development Board |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition - Acquisition of land by State - Unders.28(1) and (4) of Karnataka Industrial Area DevelopmentAct- For the purpose of industrial development by IndustrialArea Development Board - Land was further allotted by theBoard to the appellant-Company on lease - Compensationawarded to the land owners and further enhanced by theReference Court - Writ petition by the allottee- Companychallenging the correctness of the award, taking the plea thatthey being beneficiary of the acquisition, were the 'personinterested' and hence were the necessary party to thereference proceedings - High Court setting aside the orderof Reference Court, directed it to afford opportunity of hearingto the Company- On appeal, held: In view of the clauses ofthe lease agreement along with the provision in s.32(2) ofthe Karnataka Industrial Area Development Act (KIAD Act)and Regulations of Karnataka Industrial Area DevelopmentBoard Regulations, it is clear that the Company is only thelessee by way of allotment - Thus, the Company is neitherthe beneficiary nor the 'person interested' in terms of s. 2(ii)of the KIAD Act or uls.3(b)of Land Acquisition Act- Therefore,the claim of the Company to participate in the proceedingsfor determination of the market value of the acquired landand award of compensation is untenable in law- In view ofthe provision in s. 54 of Land Acquisition Act also theCompany does not have right to file the writ petition - Thewrit petition filed by the Company was not maintainable in law - Karnataka Industrial Area Development Act, 1966 -ss.2(11), 28 and 32(2) - Karnataka Industrial AreaDevelopment Board Regulations, 1969 - Reg.4, 7, 10(b),(c) and (d) - Land Acquisition Act, 1894 - ss.3(b), 9, 20(b)and 54.Land Acquisition Act, 1894- s.3(f)(viii) (as amended bythe Karnataka Legislature by Act No.17 of 61) and s.50(1) &(2) - Applicability of - To the acquisition of land under theprovisions of Karnataka Industrial Area Development Act, 1966 - Held: s.3(f)(viii) is not applicable to the acquisitionunder 1966 Act - Karnataka Industrial Area DevelopmentAct, 1966.Land Acquisition - Compensation - Determination of -Acquisition of non-agricultural land - Under s. 28 ofKarnataka Industrial Area Development Act, 1966 - For thepurpose of industrial development- Land further teased outto a Company for the purpose of extracting sand-stone fromthe land which was used as raw material for manufacture ofcement and for providing infrastructure of the Company -Competent authority awarded compensation fixing themarket value of the acquired land at Rs. 17001- per acrealong with other statutory benefits - Reference Courtenhanced the compensation to Rs. 1, 37, 0001- per acre afterredetermining the market value of the land - The High Courtupheld the determination by Reference Court - On appeal,held: In the facts and circumstances of the case, it would bejust and proper to fix the compensation at Rs. 1, 92, 0001- peracre with all statutory benefits from the date of takingpossession of the land till the date of payment ofcompensation - The land-owners are also entitled to coststhroughout as provided uls. 27 of Land Acquisition Act- LandAcquisition Act, 1894 - ss. 27, 23(2), 23 (1-A) and 28 -Karnataka Industrial Area Development Act, 1966 - s. 28.Land Acquisition - Land acquired - Market value of -Determination - Criteria for - Held: The criteria fordetermining the market value of the acquired land has to beby taking into consideration that the land has been put touses to which it is reasonably capable of being put to in thefuture.Words & Phrases :'Person interested' - Meaning of, in the context of LandAcquisition Act and Karnataka Industrial Area DevelopmentAct, 1966. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 536 |
Petitioner | Peerappa Hanmantha Harijan (d) By Lrs. & Ors. |
Respondent | State Of Karnataka&anr. |
SCR | [2015] 9 S.C.R. 498 |
Judgement Date | 2015-07-30 |
Case Number | 5804 |
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