- 1 - NC: 2025:KHC:17978 WP No. 3126 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3126 OF 2024 (LA-RES) BETWEEN: 1. SRI. HANUMANTHARAYAPPA S/O. LATE HANUMANTHAIAH, AGED ABOUT 53 YEARS, 2. SRI. PUTTARAJU S/O. LATE HANUMANTHAIAH, AGED ABOUT 49 YEARS, BOTH ARE R/O. NO. 134, DIBBURU THOTA, DIBBURU-572 106, TUMAKURU TALUK AND DISTRICT. …PETITIONERS (BY SRI. V. B. SIDDARAMAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BANGALORE-560 001. REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT. 2. THE SPECIAL LAO, TUMKUR-RAYADURGA NEW BROAD GAGE RAILWAY PROJECT, MINI VIDHANA SOUDHA, TUMKUR-572 105. Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17978 WP No. 3126 of 2024 3. THE GENERAL MANAGER SOUTH-WESTERN RAILWAYS, KESHAVAPURA, HUBLI-580023. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 AND R2; SRI. KUMAR M.N., CGC FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 29.10.2013 BEARING NO.SLAO/S.R(TU - RAA RAILWAY) 08/2011-12, IN RESPECT OF SY.NO.207/, MEASURING 5 GUNTAS, BELONGS THE PETITIONERS, SITUATED AT TUMAKURU AMANIKERE (PART-2) VILLAGE, VIDE ANNEXURE-B, PASSED BY R2, THE SPECIAL LAND ACQUISITION OFFICER, TUMKUR - RAYADURGA BROAD GAUGE RAILWAY PROJECT, MINI VIDHANA SOUDHA, TUMAKURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The case of the petitioners is that they are the absolute owners of the land bearing Sy.No.207/2, measuring 05 guntas situated at Tumakuru, Amanikere (part-2) village, which was notified for acquisition by respondent-authority for formation of Tumakur-Rayadurga Railway Project. in terms of the notification dated 23.08.2011 and final notification dated 22.06.2012. - 3 - NC: 2025:KHC:17978 WP No. 3126 of 2024 2. Learned counsel for the petitioners submitted that though the above award was passed on 23.10.2013 in respect of acquired land belonging to the petitioner, the same had not been deposited. In the meanwhile, new Act viz., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into effect on 01.01.2014. He refers to order of co-ordinate Bench of this Court in WP No.23524- 23537/2014 and 26802-26807/2014 dated 21.07.2016 produced at Annexure-E with this writ petition, wherein the co-ordinate bench of this Court under the similar factual aspect of the matter in respect of the very same notification, has passed following order: 7. Now the Court is required to examine whether the impugned award notices are sustainable and if they are not sustainable what relief is to be given to the petitioners. To answer this question, the advertence is required to be made to the provisions contained in Section 24 of the 2013 Act: “24. Land acquisition process under Act No.1 of 1894 shall be deemed to have lapsed in certain cases.– (1) xxxxxxxxxxxx - 4 - NC: 2025:KHC:17978 WP No. 3126 of 2024 (2) Notwithstanding anything contained in sub- section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of the Act: Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.” 8. The perusal of the afore-extracted provisions reveals that if compensation amounts in respect of majority of land holdings are not deposited as on the date of the commencement of the said Act (1.1.2014), then the compensation is required to be determined as per the provisions of the said 2013 Act. In the instant case it is not in dispute that the compensation amount in respect of the majority of land holdings is not deposited. The compensation amounts are deposited only in respect of 9 acres 34½ guntas out of the acquired extent measuring 47 acres 24¾ guntas. As the afore-extracted provisions are attracted to the facts of this case, I quash the - 5 - NC: 2025:KHC:17978 WP No. 3126 of 2024 impugned award notices and direct the respondent No.4 or any other concerned functionary to re- determine the compensation in accordance with the provisions of the 2013 Act. This exercise shall be completed as expeditiously as possible and in any case within an outer limit of four months from the date of the issuance of the certified copy of today’s order. 9. Needless to observe that if any of the petitioners has already received the compensation, that amount has to be deducted from the amounts to be re- determined under the provisions of the 2013 Act." 3. He further refers to orders of the co-ordinate Bench of this Court in WP No.18279/2021 dated 25.01.2022 and order in WP Nos.56/2023 dated 23.10.2024 and submits that there is consistent view taken and similar orders are passed providing the benefit of granting compensation under the new act namely the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence, learned Counsel seeks for allowing the petition on similar lines. - 6 - NC: 2025:KHC:17978 WP No. 3126 of 2024 4. Learned AGA does not dispute the aforesaid factual and legal aspect of the matter. 5. Accordingly the following: ORDER (i) The writ petition is allowed. (ii) The award dated 29.10.2013 passed by the 2nd respondent authority as per Annexure- B is hereby quashed, the respondent authorities to re-determine the compensation in accordance with the provision of the Act-2013, in the light of the order passed by the Co-ordinate Bench in WP Nos.23524-23537/2014 and 26802- 26807/2014 dated 21.07.2016. Sd/- (R DEVDAS) JUDGE AP List No.: 1 Sl No.: 22