Facts
The petitioners’ lands in Kandagal village were notified for acquisition for the Upper Krishna Project under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on 22 July 2022.
Source reference: p.5The Government fixed consent-award rates on 9 October 2025, and the petitioners submitted their consent to those rates on 12 May 2026.
Source reference: p.4–7As no consent award had been passed, they sought a direction for payment of compensation and an order restraining respondent No. 8 bank from recovery action against their mortgaged properties.
Source reference: p.4–7The bank asserted a first charge over the compensation; the Court was also informed that an earlier writ petition concerning the bank’s recovery actions had been dismissed and that an appeal was pending.
Source reference: p.7–8Issues
1. Whether the respondents should be directed to pass a consent award for the acquired lands at the rates fixed by the Government, within a time-bound period.
Source reference: p.8–102. Whether the bank’s asserted charge over the compensation should be recognized when directing its disbursement, and what amount, if any, should be paid to the petitioners.
Source reference: p.7–8, 10Law Applied
Article 300A of the Constitution protects the right to property and, as stated by the Court, gives rise to a right to just compensation when property is acquired.
Source reference: p.9The acquisition was initiated under Section 11(1) of the 2013 Act.
Source reference: p.5The Court relied on these principles to require timely completion of the compensation process after acquisition and after the petitioners accepted the Government’s consent-award rates.
Source reference: p.9The direction giving the bank priority over the award amount was based on the bank’s submission through counsel.
Source reference: p.7–8, 10Reasoning
The Court noted that the lands had been acquired in 2022, the Government had fixed consent-award rates in October 2025, and the petitioners had accepted those rates in May 2026, yet no consent award had been passed.
Source reference: p.8–9In light of the constitutional protection of property and the petitioners’ consent to the fixed rates, the Court directed the respondents to pass the award within three months.
Source reference: p.9–10As to disbursement, it gave effect to the bank’s asserted charge by directing that its dues be satisfied first; it did not separately grant the requested injunction against recovery action.
Source reference: p.9–10Holding
The Court disposed of the petition and directed the respondents to pass a consent award at the rates fixed by the Government’s order dated 9 October 2025, within three months, in respect of these petitioners.
The bank is to have the first charge over any compensation awarded; any balance remaining after its charge and dues are fully satisfied is payable to the petitioners.
Source reference: p.10Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20131
Original Court PDF
PRABHAKARvsTHE SECRETARY
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