2017 (3) AKR 855 ::(2017) 4 CivLJ 50 ::(2017) 2 KCCR 998 ::(2017) 5 Kant LJ 42

Karnataka High Court

Hon'ble Judge(s): B. S. Patil , J

Karnataka Industrial Area Development Act (18 of 1966) , S.30, S.28(1)— Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (30 of 2013), S. 24(2) - Lapse of acquisition proceedings - Applicability - Acquisition of land made under provisions of KIAD Act of 1966 - No possession taken and compensation paid even after lapse of five years - Provisions of Act of 2013 applies to acquisition proceeding under KIAD Act - Non-application would offend right to equality granted under Constitution - Acquisition proceedings lapsed. Constitution of India , Art.14— 2016 (2) AKR 737, AIR 1973 SC 689, Relied on. (Para 28 29 32) Provisions Land Acquisition Act, 1894, are applicable in respect of enquiry, award, payment or apportionment of compensation, reference to court, as stated in KIAD Act. S. 30. When it comes to payment of compensation, market value payable, solatium, interest and other amounts as provided under New Act and also necessarily includes payment of compensation to such old cases which fall under S. 24. No discrimination can be made with reference to purpose of acquisition or provisions of law under which acquisition is made in matter of extending benefits regarding payment of compensation as it will tentam....