Bengaluru: The Karnataka High Court has ruled that the special land acquisition officer (SLAO) or collector must deposit compensation amounts without delay, even if the land loser disputes the quantum awarded. Justice Suraj Govindaraj issued the order while allowing a petition filed by land losers from Bagalkot town under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Background of the petition

The petitioners, Lokanna and others, alleged that compensation for their acquired land and property in the Gaddankeri area had not been deposited. Their lands were acquired for the Upper Krishna Project, which required submerging land due to the increase in height of the Alamatti dam.

  • The preliminary notification was issued on Jan 21, 2021.
  • The final notification followed on Sept 5, 2023.
  • A general award was passed on Oct 5, 2024, instructing land losers to submit papers for compensation.

Although the petitioners complied, payments were not made, prompting them to approach the high court.

Court’s observations

The petitioners contended that once the general award was issued, the collector or SLAO was obligated to deposit the compensation. The state government and Krishna Bhagya Jala Nigam, the agency responsible for the project, argued that the petitioners had an alternative remedy before the jurisdictional court.

Justice Govindaraj, upon reviewing the provisions of the Land Acquisition Act, noted:

  • Once an award is passed, the collector must remit the awarded amount into the land loser’s bank account as promptly as possible, preferably within 30 days, unless there is a dispute regarding the property’s title.
  • After the amount is deposited, the land loser may protest the compensation quantum. If a protest is raised, proceedings may be initiated.
  • If no protest is made within a reasonable time, it is assumed that the land loser accepts the compensation amount.

“It is clear that there is a duty on the part of the collector to tender payment of compensation awarded by remitting the same into the bank account of the land loser. There would therefore be no requirement to initiate any execution proceedings,” the judge concluded.

Direction to authorities

The court directed the SLAO of Bagalkot Town Development Authority to make the compensation payment to the petitioners, along with applicable interest.

This ruling reinforces the principle that delays in compensation cannot be justified by disputes over the quantum, ensuring timely financial relief to land losers under the Land Acquisition Act.