Karnataka High CourtProperty and Real Estate LawAdministrative and Public Law

Similarly situated landowners are entitled to Government Order benefits, including consideration for consent awards.

KAVITA SOMASHEKAR GULAGHALAJANBAGIv.THE SECRETARY

Similarly situated landowners are entitled to Government Order benefits, including consideration for consent awards.. KAVITA SOMASHEKAR GULAGHALAJANBAGI vs THE SECRETARY. Karnataka High Court. LawLens
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In brief

The question

1. Whether the petitioner was entitled to the benefit of the Government Order dated 9 October 2025 on the basis of the prior orders concerning similarly situated landowners.

The court held

The writ petition was allowed.

It also directed

The Court directed that the petitioner receive the benefits of the Government Order dated 9 October 2025, if not already granted, in terms of W.P. Nos. 100331 and 106191 of 2024.

She was directed to appear before the concerned SLAO on 31 October 2026 at 11:00 a.m.; upon her appearance, the SLAO was 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 her first appearance.

The State may seek an extension for valid reasons if unable to comply within that period.

01Facts

The petitioner’s lands in Sy. Nos. 32/1/3 and 32/2 at Budni K D village were included in a preliminary acquisition notification issued under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on 20 June 2022 for the Upper Krishna Project.

p. 4

She sought completion of the joint measurement, issuance of the final notification under Section 19(1), and payment of compensation through a consent award in accordance with the Government Order dated 9 October 2025.

pp. 2–3

Relying on an earlier order in W.P. No. 107977 of 2026, she sought equivalent relief; the Court recorded that the issues were identical.

pp. 4–7

02Issues

i.1. Whether the petitioner was entitled to the benefit of the Government Order dated 9 October 2025 on the basis of the prior orders concerning similarly situated landowners.

pp. 4–7

ii.2. Whether the respondents should be directed to proceed with the acquisition and disburse an award or consent award, although only a preliminary notification had been issued.

pp. 5–7

03Law Applied

Article 226 of the Constitution provides the basis for the Court’s writ jurisdiction; the petition also invoked Article 227.

p. 2

The acquisition was stated to be under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including Section 11 (preliminary notification) and the requested Section 19(1) final notification.

p. 2 · p. 4

The Court applied the Government Order dated 9 October 2025 and the directions in W.P. Nos. 100331 and 106191 of 2024, under which the relevant benefits were to be extended and awards or consent awards processed in accordance with law.

pp. 5–7

It also relied on the prior order in W.P. No. 107977 of 2026, which treated the petitioners there as similarly situated and directed implementation of the Government Order.

pp. 4–6

Provisions in the judgment · 1 · Linked ones open on LawLens

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 11

04Reasoning

The Court accepted that the present dispute was identical to the matter addressed in W.P. No. 107977 of 2026.

p. 7

In that earlier order, the Court had concluded that the Government Order’s benefits should extend to similarly situated landowners, while recognising that where only a preliminary notification had issued, the final notification and award process remained to be completed.

pp. 5–6

Applying that approach, the Court directed that the petitioner receive the benefits of the Government Order in accordance with the earlier acquisition-related orders and required her to appear before the concerned Special Land Acquisition Officer (SLAO).

pp. 7–8

05Holding

The writ petition was allowed.

p. 7

The Court directed that the petitioner receive the benefits of the Government Order dated 9 October 2025, if not already granted, in terms of W.P. Nos. 100331 and 106191 of 2024.

p. 7

She was directed to appear before the concerned SLAO on 31 October 2026 at 11:00 a.m.; upon her appearance, the SLAO was 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 her first appearance.

p. 8

The State may seek an extension for valid reasons if unable to comply within that period.

p. 8
Karnataka High Court

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KAVITA SOMASHEKAR GULAGHALAJANBAGIvsTHE SECRETARY

Karnataka High Court · October 09, 2026

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