After NHAI Land Compensation Went To Unrelated Recipients, Karnataka HC Orders Payment To Landowners Within 5 Weeks

In brief

The question

1. Whether the petitioners were entitled to a direction for payment of compensation and statutory benefits for their acquired land

The court held

The petition was disposed of.

It also directed

The concerned SLAO was directed to take all necessary steps to pay the petitioners compensation for their acquired land, along with statutory benefits, within five weeks.

The SLAO retained liberty to recover the amount paid erroneously to respondents 10 to 13, and was directed to file a compliance report after five weeks

01Facts

The petitioners sought a direction requiring the Special Land Acquisition Officer (SLAO) and the National Highways Authority of India to deposit ₹1,07,92,216 as compensation for acquired land, with 18% interest, and requiring respondents 3 to 13 to re-deposit compensation allegedly withdrawn illegally

p. 5

The SLAO had lodged a complaint on 13 August 2024, and the police reported that Crime No. 218/2024 was under investigation

p. 7

At the hearing, the SLAO filed a memo stating that compensation released under an order dated 19 May 2022 to respondents 10 to 13 did not relate to the petitioners’ property, and undertook to process payment of the 3G Award compensation, with statutory benefits, to the petitioners within five weeks. The SLAO also sought liberty to recover the amount paid erroneously, relying on affidavits and indemnities executed by the recipients

p. 8

02Issues

i.1. Whether the petitioners were entitled to a direction for payment of compensation and statutory benefits for their acquired land

p. 5, 8

ii.2. Whether the SLAO could retain liberty to recover compensation allegedly paid erroneously to respondents 10 to 13

p. 8

03Law Applied

The Court exercised its writ jurisdiction under Articles 226 and 227 of the Constitution of India, under which it may issue appropriate directions to public authorities.

No specific statutory provision, precedent, or detailed legal test was discussed in the order.

04Reasoning

The SLAO’s memo acknowledged that the compensation previously released to respondents 10 to 13 did not concern the petitioners’ property and undertook to process the compensation due to the petitioners, together with statutory benefits, within five weeks

p. 8

In light of that undertaking, the Court directed the SLAO to take the necessary steps for payment and allowed the requested liberty to pursue recovery of the erroneous payment. The order did not determine the pending criminal investigation or make findings on the individual liability of the recipients

pp. 7–8

05Holding

The petition was disposed of.

p. 8

The concerned SLAO was directed to take all necessary steps to pay the petitioners compensation for their acquired land, along with statutory benefits, within five weeks.

p. 8

The SLAO retained liberty to recover the amount paid erroneously to respondents 10 to 13, and was directed to file a compliance report after five weeks

p. 8

LawLens.Karnataka High Court

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