01Facts
A preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”) was issued on 1 April 2022 for lands proposed to be acquired for the Back Waters Upper Krishna Project.
p. 8The petitioners stated that they had accepted the consent-award amount fixed under Government Order dated 9 October 2025 and submitted representations on 6 October 2026, but those representations had not been considered.
p. 9The State submitted that no final notification had been issued within the period prescribed by Section 19(1), and argued that the preliminary notification had lapsed and that a consent award could not be made without a final notification.
pp. 9–10The petitioners relied on an affidavit filed by the Principal Secretary in related contempt proceedings, said to undertake that a final notification would be issued and consent-award steps would follow.
pp. 10–1102Issues
i.1. Whether the petitioners were entitled to have their representations considered and to receive the benefit of Government Order dated 9 October 2025 in relation to their lands.
pp. 9–12ii.2. Whether the Court should direct the State and the Special Land Acquisition Officer to proceed with a final notification and consent award despite the State’s contention that the preliminary notification had lapsed.
pp. 9–1203Law Applied
The Court considered Sections 11(1), 19(1), 23 and 93(2) of the 2013 Act.
Section 11(1) governed the preliminary notification; the Court recorded that Section 19(1) requires a final notification within 12 months of the preliminary notification, subject to extension by Government order.
p. 9Section 23 was the provision invoked by the petitioners for a consent award.
p. 7The Court also directed action in accordance with Government Order dated 9 October 2025, without setting out its terms.
pp. 12–13It did not cite or apply any judicial precedent.
It noted that, if an order or endorsement were made against the petitioners’ request, they could pursue an available remedy, including under Section 93(2), in accordance with law.
p. 13Provisions in the judgment · 4 · Linked ones open on LawLens
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 23Section 11Section 19Section 93
04Reasoning
The Court recorded the State’s position that the 2022 preliminary notification had spent itself because no final notification was issued within the statutory period, as well as the petitioners’ reliance on the Principal Secretary’s affidavit in related proceedings.
pp. 9–11It did not finally determine whether the preliminary notification remained operative or direct that a final notification or consent award must issue.
pp. 11–13Instead, considering the parties’ submissions, it directed the Government to act in accordance with law on the petitioners’ representations and to extend the benefit of the 9 October 2025 Government Order if it had not already been granted.
pp. 11–1305Holding
The petition was allowed.
p. 12The petitioners were permitted to appear before the concerned SLAO on 20 November 2026 with relevant documents.
p. 12The Government was directed to act on their representations, and the SLAO to take action under the 9 October 2025 Government Order in accordance with law, within one year from the petitioners’ first appearance.
p. 12If compliance could not be completed within that period, the State could seek an extension for valid reasons; any adverse order or endorsement could be challenged through an available statutory remedy.
p. 13Original Court PDF
MANOHAR J NYMAGOUDvsTHE STATE OF KARNATAKA
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