Karnataka High Court Upholds Right to Compensation for Appropriated Private Land

Court affirms that delay does not nullify the State's obligation to provide fair compensation for land used without formal acquisition.

In a landmark judgment, the Karnataka High Court, presided over by Justice M. Nagaprasanna, has reinforced the constitutional and human right to property, ruling that the State cannot forcibly dispossess individuals of their private property without due process of law and just compensation. This decision comes in response to a writ petition filed by Sri H.P. Ramesh and others against the State of Karnataka, challenging an order dated November 8, 2021, which denied them compensation for land appropriated for public purposes.

The case revolves around the utilization of land measuring 2 acres and 8 guntas in Haradagere Village, originally owned by the father of the petitioner, for the construction of a government school and the formation of a road since 1957. Despite the State's claim that the land was voluntarily surrendered decades ago, the Court highlighted that the right to property under Article 300A of the Indian Constitution remains inviolable unless taken by authority of law with just compensation.

Justice Nagaprasanna emphasized that delay and laches cannot be used to deny compensation, especially when the State admits to unauthorized utilization of private property. The Court cited several Supreme Court precedents, including Vidya Devi v. State of Himachal Pradesh and Sukh Dutt Ratra v. State of Himachal Pradesh, which underscore the State's obligation to follow due process and provide fair compensation, irrespective of the time elapsed.

The judgment directs the State to determine and provide compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, reinforcing that no individual's property should be taken without lawful procedures. This decision not only safeguards the petitioners' rights but also sets a significant precedent for cases involving unauthorized use of private land by the State.

Bottom Line:

Right to property remains a constitutional and human right under Article 300A of the Indian Constitution, and no citizen can be deprived of property without authority of law and just compensation, even if the deprivation occurred decades ago.

Statutory provision(s): Article 300A of the Constitution of India, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Sri H.P.Ramesh v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2815063