Karnataka High CourtAdministrative and Public LawProperty and Real Estate Law

The Government’s consent-award benefits must be extended to similarly situated landowners.

SMT SWAPNA W/O SUDHEER @ SUDHEENDRA KULKARNIv.THE STATE OF KARNATAKA

The Government’s consent-award benefits must be extended to similarly situated landowners.. SMT SWAPNA W/O SUDHEER @ SUDHEENDRA KULKARNI vs THE STATE OF KARNATAKA. Karnataka High Court. LawLens
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In brief

The question

1. Whether the petitioners were entitled to the benefits of the Government Order dated 9 October 2025 on the basis of the earlier orders concerning similarly situated landowners

The court held

The writ petition was allowed.

It also directed

The petitioners were granted the benefits of the Government Order dated 9 October 2025 in terms of W.P. Nos. 100331 of 2024 and 106191 of 2024, if not already granted.

They were directed to appear before the concerned SLAO on 31 October 2026 at 11:00 a.m.; the SLAO must act in accordance with the Government Order and disburse the award or consent-award amount as expeditiously as possible, and in any event within one year of their first appearance.

The State may seek an extension for valid reasons if compliance is not completed within that period

01Facts

The petitioners’ lands were included in a preliminary notification dated 18 February 2022 under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for the Upper Krishna Project.

pp. 3–5

They sought consideration of their representations, completion of the acquisition proceedings, and a consent award under the Government Order dated 9 October 2025.

pp. 3–5

Relying on an earlier order in W.P. No. 107999 of 2026, they sought equivalent relief.

pp. 3–5

The Court treated the matters as identical and allowed the petition

pp. 7–8

02Issues

i.1. Whether the petitioners were entitled to the benefits of the Government Order dated 9 October 2025 on the basis of the earlier orders concerning similarly situated landowners

pp. 4–7

ii.2. Whether the respondents should be directed to process the petitioners’ claims and disburse an award or consent award within a specified period

pp. 7–8

03Law Applied

Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, provides for a preliminary notification in the acquisition process

p. 4

The Court applied the Government Order dated 9 October 2025 and followed the directions in W.P. Nos. 100331 of 2024 and 106191 of 2024, under which the benefits of that Government Order were to be extended to the petitioners in those proceedings through an award or consent award

pp. 5–7

It also relied on the order in W.P. No. 107999 of 2026, which directed that, where only a preliminary notification had issued, the final notification and subsequent award process should proceed in accordance with the Government Order

pp. 4–7

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 found the present dispute identical to the one addressed in W.P. No. 107999 of 2026 and granted the petitioners the same benefit as that directed in the earlier acquisition cases.

pp. 7–8

It accordingly directed the petitioners to appear before the Special Land Acquisition Officer (SLAO), who must act in accordance with the Government Order dated 9 October 2025 and disburse the award or consent-award amount.

pp. 7–8

The Court fixed an outer limit of one year from the petitioners’ first appearance

pp. 7–8

05Holding

The writ petition was allowed.

pp. 7–8

The petitioners were granted the benefits of the Government Order dated 9 October 2025 in terms of W.P. Nos. 100331 of 2024 and 106191 of 2024, if not already granted.

pp. 7–8

They were directed to appear before the concerned SLAO on 31 October 2026 at 11:00 a.m.; the SLAO must act in accordance with the Government Order and disburse the award or consent-award amount as expeditiously as possible, and in any event within one year of their first appearance.

pp. 7–8

The State may seek an extension for valid reasons if compliance is not completed within that period

pp. 7–8
Karnataka High Court

Original Court PDF

SMT SWAPNA W/O SUDHEER @ SUDHEENDRA KULKARNIvsTHE STATE OF KARNATAKA

Karnataka High Court · October 09, 2026

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