High Court of Karnataka
The Karnataka High Court has ordered the state government to pay compensation under the existing Land Acquisition Act for a piece of private land that the government used to construct a school building and a public road nearly 70 years ago without acquiring the land in a manner known to law.
Justice M. Nagaprasanna passed the order while allowing the petition filed by HP Ramesh of Haradagere village, Gubbi taluk of Tumakuru district.
The court ordered the government to fix the compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to issue necessary regulations in accordance with the law within three months.
Although the government admitted before the court that the school building on the land in question had been standing since 1957, it pointed out that there was no record to indicate that the appellant’s ancestors objected to the use of their land for the construction of the school or demanded any compensation for their land.
However, without any records or documents, the government claimed that the school building was apparently constructed with the help of the villagers and the petitioner’s father apparently volunteered his land for the construction of the school and the construction of the road. The government also argued that the petitioner was not entitled to compensation for delay because there was a 12-year limitation for making a list under the Limitation Act, 1963.
The court disagreed with the government’s contention and noted that the petitioner’s father had also filed several claims for compensation with the authorities, but the authorities had not acted on these statements.
“Delays of more than half a century partially do not express the landowners’ right to fair compensation when the state admits that it has taken over private land without legal formalities,” the court said.
When the state takes possession of a citizen’s private land by its own hand, whether through forcible surveillance or voluntary surrender, it must meet the threshold of justification by providing compensation, the court said.
Published – 04 Dec 2025 20:24 IST
