KARNATAKA ELECTRICITY BOARD versus THE STATE OF KARNATAKA AND ORS.

KARNATAKA ELECTRICITY BOARD versus THE STATE OF KARNATAKA AND ORS.

Where there is a written agreement between the parties for land acquisition, the Land Acquisition Officer is bound to pass the award in accordance with such agreement, including compensation, solatium, and only those additional payments as agreed. Interest is not payable where it is not part of the agreement.

Parties
Appellant: Karnataka Electricity Board; Respondents: State of Karnataka and Others (including respondent landowners)
Jurisdiction
India
Judgment Date
19 February 2002
Procedural Posture
Civil Appeal / Appeal From Karnataka High Court, Writ Appeal Decision
Outcome
Appeals allowed, award modified.
Legal Topics
Land Acquisition Compensation, Solatium, Agreement Validity, Interest on Compensation
Land Acquisition Contract Law Administrative Law Land Acquisition Compensation Solatium Agreement Validity Interest on Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Karnataka Electricity Board

Appellant

State of Karnataka and Others (including respondent landowners)

Respondents

Procedural Posture

Civil Appeal / Appeal From Karnataka High Court, Writ Appeal Decision

Legal Issues

  1. 1 Whether the award passed by the Land Acquisition Officer is in conformity with the agreement between the parties.
  2. 2 Whether solatium is payable as per the agreement.
  3. 3 Whether interest is payable on compensation in absence of a specific agreement.

Ratio Decidendi

Where there is a written agreement between the parties for land acquisition, the Land Acquisition Officer is bound to pass the award in accordance with such agreement, including compensation, solatium, and only those additional payments as agreed. Interest is not payable where it is not part of the agreement.

Court Disposition

Appeals allowed, award modified.

Orders

  • Claimants to be paid compensation at the agreed rate of Rs. 14,250 per gunta for 2/3rd area of the schedule property.
  • Claimants entitled to 30% solatium with interest thereon.