Karnataka HC Directs Officials to Consider Farmers’ Crop-Compensation Claim for Land Used by Canal 30 Years Before Acquisition

The petitioners claimed that their lands in Kenganur and Garjur villages had been used for construction of a canal for the Kenganur Yatha Neeravari project in 1980–81, without acquisition or compensation.

They relied on an Assistant Executive Engineer’s intimation confirming that the canal was constructed in that period.

Acquisition proceedings were initiated later under Section 4(1) of the Land Acquisition Act, 1894; the judgment refers to a notification dated 22 November 2011, while the petition’s prayer refers to 12 May 2011.

The petitioners sought crop compensation and damages, with interest, for the period before the notification, relying on their representation/legal notice dated 9 March 2016.

They filed this writ petition seeking a mandamus for that relief

The petition invoked Articles 226 and 227 of the Constitution of India, seeking a writ of mandamus, and relied on Section 4(1) of the Land Acquisition Act, 1894, under which the later acquisition proceedings were initiated

The Court did not cite any precedent or set out a broader rule on entitlement to compensation; it directed the authorities to consider and decide the petitioners’ representation in light of the material before it

The petitioners’ claim that the lands had been used for the canal from 1980–81 was supported by the Assistant Executive Engineer’s intimation confirming the construction period and project purpose.

In view of that document, the Court declined to accept the State’s submissions in support of its position and considered it appropriate to require the authorities to address the petitioners’ 2016 representation.

The Court did not determine the petitioners’ entitlement to compensation or interest; it left those matters for the respondents to decide by reasoned orders

The respondents were also directed to file a compliance report immediately after the sixth week, on 14 December 2026