JAYAMMA & ORS. versus THE DEPUTY COMMISSIONER, HASSAN DIST., HASSAN AND ORS.

JAYAMMA & ORS. versus THE DEPUTY COMMISSIONER, HASSAN DIST., HASSAN AND ORS.

Court cannot compel Land Acquisition Collector to pass awards in respect of land acquisition proceedings which had already lapsed. Whether to acquire a particular property is for the government to decide. Petitioners are entitled to compensation for damages suffered due to seepage affecting their residential houses.

Parties
Appellants: Jayamma & Ors.; Respondents: The Deputy Commissioner, Hassan Dist., Hassan & Ors.
Jurisdiction
India
Judgment Date
06 May 2013
Procedural Posture
Civil Appeal / Appeal From Division Bench of High Court of Karnataka at Bangalore in Writ Appeal Nos. 16390 of 2011 & 16601 684 of 2011
Outcome
Appeals dismissed
Legal Topics
Writ of Mandamus, Land Acquisition Proceedings, Compensation for Damages
Constitutional Law Land Acquisition Writ of Mandamus Land Acquisition Proceedings Compensation for Damages

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Parties

Jayamma & Ors.

Appellants

The Deputy Commissioner, Hassan Dist., Hassan & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench of High Court of Karnataka at Bangalore in Writ Appeal Nos. 16390 of 2011 & 16601 684 of 2011

Legal Issues

  1. 1 Whether the High Court under Article 226 can compel the State to complete acquisition proceedings under Section 4(1) of the Land Acquisition Act
  2. 2 Whether writ can be issued compelling Land Acquisition Collector to implement instructions issued by the Government otherwise than under the Act

Ratio Decidendi

Court cannot compel Land Acquisition Collector to pass awards in respect of land acquisition proceedings which had already lapsed. Whether to acquire a particular property is for the government to decide. Petitioners are entitled to compensation for damages suffered due to seepage affecting their residential houses.

Court Disposition

Appeals dismissed

Orders

  • Each petitioner shall be paid a lump sum amount of Re.1 lakh towards damages for hardships undergone on account of seepage resulting in dampness and cracks to their residential buildings.
  • Amount to be deposited in the bank account of respective petitioner within three months.