Karnataka HC Gives Authorities 3 Months to Consider 21 Landowners’ Claims and Pay Any Unpaid 2010 Award Balance With Interest

In brief

The question

1. Whether the respondents should be directed to consider the petitioners’ representations seeking payment of the balance compensation and interest under the Section 28A award.

The court held

The writ petition was allowed.

It also directed

The respondents were directed to consider the petitioners’ representations dated 18 August, 19 August, 22 August and 3 September 2025 and pay any unpaid balance compensation with interest in accordance with the award dated 10 August 2010.

If the authorities found that the full amount had already been paid, they were to pass an appropriate order.

The exercise was to be completed within three months of receipt of the order; no order as to costs was made.

01Facts

The petitioners’ lands in Sindhanur Taluk were acquired for construction of a road.

pp. 6–8

Following a Reference Court’s enhancement of compensation in LAC No. 27/2006, the petitioners applied under Section 28A of the Land Acquisition Act, 1894 for redetermination of compensation.

pp. 6–8

The Assistant Commissioner and Land Acquisition Officer passed a Section 28A award on 10 August 2010, determining compensation at Rs. 91,65,026.

pp. 6–8

The petitioners alleged that only Rs. 41,47,000 had been disbursed and sought payment of the balance, with interest, through representations made in August and September 2025.

pp. 6–8

As those representations remained unconsidered, they filed this writ petition seeking mandamus.

pp. 6–8

02Issues

i.1. Whether the respondents should be directed to consider the petitioners’ representations seeking payment of the balance compensation and interest under the Section 28A award.

p. 8

ii.2. Whether the respondents should be directed to pay the balance amount if it remained unpaid under that award.

pp. 8–9

03Law Applied

Section 28A of the Land Acquisition Act, 1894 provides for redetermination of compensation by reference to an award of the court in another claimant’s case, subject to the statutory requirements.

p. 7

The Court exercised its writ jurisdiction under Articles 226 and 227 of the Constitution to direct consideration of the petitioners’ representations and payment of any balance compensation due under the award.

pp. 5–6, 8–9

No precedent was cited.

Provisions in the judgment · 1

Land Acquisition Act, 1894 Section 28

04Reasoning

The Court noted that the Land Acquisition Officer had already passed a Section 28A award determining compensation, while the petitioners’ grievance concerned non-disbursement of the full amount.

pp. 8–9

In those circumstances, the Court directed the respondents to consider the representations and pay the balance with interest if the amount remained due.

pp. 8–9

It also required the authorities to issue an appropriate order if they concluded that the entire amount had already been paid.

pp. 8–9