Karnataka HC Orders Modified Award Within 8 Weeks After NA-Potential Ankali Land Got Agricultural Compensation Rate

In brief

The question

1. Whether the respondent authorities should reconsider the petitioner’s representations and reassess compensation for the acquired lands, having regard to their N.A. status and the supporting documents

The court held

The Court disposed of the petition and directed the respondent authorities to consider the petitioner’s representations and documents and pass a modified award, properly assessing the rates for the lands as N.A., within eight weeks.

It also directed

It also directed the filing of a compliance report immediately after that period.

It did not itself fix compensation at ₹5,782 per sq. m. or order payment at that rate.

01Facts

The petitioner’s lands in Sy. Nos. 265/*, 79/2 and 79/8 of Ankali Village were acquired for widening NH-548B.

p. 4

In the award dated 31 December 2024, the lands were recorded as having non-agricultural (N.A.) potential, but compensation was fixed at ₹683 per sq. m., the agricultural-land rate; the award applied ₹5,782 per sq. m. to N.A. lands in the same proceedings.

pp. 4–5

The petitioner submitted representations with supporting documents seeking reassessment.

p. 5

The authorities stated that the agricultural rate had been used because the petitioner had not produced conversion documents, and that the conversion order for Sy. No. 79/8 post-dated the preliminary notification.

pp. 5–6

The petitioner sought mandamus directing consideration of the representations and payment at ₹5,782 per sq. m.

pp. 2–3

02Issues

i.1. Whether the respondent authorities should reconsider the petitioner’s representations and reassess compensation for the acquired lands, having regard to their N.A. status and the supporting documents

pp. 5–6

ii.2. Whether the petitioner was entitled to a direct direction fixing compensation at ₹5,782 per sq. m.

pp. 2–3, 6–7

03Law Applied

The petition invoked Articles 226 and 227 of the Constitution of India, under which the High Court may issue appropriate writs and directions.

p. 2

The acquisition was undertaken under the National Highways Act, 1956, including Section 3A(3).

p. 4

The Court directed the authorities to reassess the land rates and pass a modified award “in accordance with law”; it cited no precedent or further substantive rule governing valuation.

p. 7

Provisions in the judgment · 1

National Highways Act, 1956 Section 3A

04Reasoning

The award itself recorded the lands as N.A. potential, while applying the agricultural rate; the State explained that the conversion documents had not been produced.

pp. 4–5

The petitioner asserted that the relevant documents had accompanied the representations and that the conversion application for Sy. No. 79/8 preceded the preliminary notification, although the conversion order followed it.

pp. 5–6

Rather than determine the proper rate or direct payment at the rate claimed, the Court required the authorities to consider the representations and documents and reassess the lands according to their type and the law.

p. 7