Facts
The petitioners’ lands were included in a preliminary notification issued under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”) on 20 August 2022 for the Upper Krishna Project.
Source reference: p. 4They sought a consent award and the benefit of the Government Order dated 9 October 2025, relying on orders in W.P. Nos. 100331 and 106191 of 2024, which had extended that benefit to other landowners.
Source reference: pp. 3–5The respondents did not dispute the earlier orders, but the project authority contended that the petitioners were not shown to be similarly situated; the State submitted that, unlike some earlier cases, no final notification had yet been issued in this case.
Source reference: pp. 5–7Issues
1. Whether the petitioners were entitled to the benefit of the Government Order dated 9 October 2025 on the same basis as landowners in W.P. Nos. 100331 and 106191 of 2024.
Source reference: pp. 5–62. Whether, given that only a preliminary notification had been issued, the respondents could be directed to proceed with the acquisition and grant an award or consent award.
Source reference: pp. 6–7Law Applied
Section 11 of the 2013 Act provides for a preliminary notification of the proposed acquisition; the Court noted that a final notification remained necessary before an award could be passed in this case.
Source reference: pp. 6–7The Court also applied the Government Order dated 9 October 2025 and followed its Coordinate Bench’s orders in W.P. Nos. 100331 and 106191 of 2024, which directed that the Government Order’s benefit be extended to the landowners concerned through a consent award in accordance with law.
Source reference: p. 5The Court treated similarly situated landowners as entitled to consistent treatment, absent material establishing that the petitioners were not similarly placed.
Source reference: p. 6Reasoning
The respondents produced no document showing that the petitioners were differently situated from the landowners who had obtained relief in the earlier writ petitions.
Source reference: p. 6The Court therefore treated the petitioners as similarly situated and extended the same benefit.
Source reference: p. 6Because this case had only reached the preliminary-notification stage, the Court recognised that the final notification had to be issued before the award or consent award could follow; it nevertheless directed the SLAO to act under the Government Order and complete the process expeditiously.
Source reference: pp. 6–7Holding
The writ petition was allowed.
The petitioners were granted the benefit of the Government Order dated 9 October 2025 in terms of the orders in W.P. Nos. 100331 and 106191 of 2024, if not already granted.
Source reference: p. 7They were directed to appear before the SLAO on 26 October 2026 at 11:00 a.m.; the SLAO was directed to act in accordance with the Government Order and disburse the award or consent-award amount as expeditiously as possible, and within one year of their first appearance.
Source reference: pp. 7–8If compliance within that period proved impossible, the State was required to seek an extension with valid reasons; the Court cautioned that any variance would be viewed seriously.
Source reference: p. 9Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20131
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CHANNAPPA KRISHNAPPA BIRADARvsTHE STATE OF KARNATAKA
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