Karnataka HC Restores Farmer’s Section 28A Compensation Claim, Directs SLAO To Decide After Appeal Over Comparable Award

The petitioner claimed ownership of 1 acre 9 guntas across several survey numbers in Siddapura village.

His land was acquired under a notification dated 9 August 2010 for the Teggi–Siddapur Lift Irrigation Project, and compensation was awarded at ₹38,311 per acre.

He applied under Section 28A of the Land Acquisition Act, 1894, relying on a Reference Court award of ₹10,56,000 per acre in LAC No. 16/2018 concerning land in the same village acquired under the same notification for the same purpose.

The Special Land Acquisition Officer (SLAO) rejected the application on 4 September 2020 because the award in LAC No. 16/2018 was under appeal.

The petitioner challenged that rejection by writ petition.

Section 28A of the Land Acquisition Act, 1894, as amended in 1984, provides the statutory basis for an application seeking re-determination of compensation by reference to an award of the court in another land acquisition matter.

The Court stated that, in ordinary circumstances, a claimant whose request has been rejected may seek a reference under Sections 18 to 28 of the Act; however, where rejection rests on the pendency of an appeal against the comparative award, the SLAO should await the appeal’s outcome rather than reject the application on that ground.

The petitioner’s application relied on an award concerning land acquired under the same notification, in the same village, and for the same purpose.

Because that award was under appeal, the SLAO rejected the application solely on account of the pending proceedings. The Court held that this reason did not justify rejection: the SLAO should have awaited the appellate outcome and then considered the application in accordance with law.

It directed the SLAO to await the outcome of MFA No. 102198/2022 and connected matters, and thereafter pass an order in accordance with law.