The High Court of Karnataka has upheld the Constitutional validity of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka Amendment) Act, 2019, which makes easier the process of acquisition of land for specified projects by exempting application of certain provisions of the main Act of 2013.
The 2019 amendments made by the Karnataka legislature are neither arbitrary nor violative of the Article 21 of the Constitution of India, the High Court held.
A Division Bench comprising Justice Alok Aradhe and Justice Hemant Chandangoudar passed the order while allowing appeals filed by S. Jalaja, the Karnataka Industrial Areas Development Board and others questioning an interim order passed by a judge in 2017.
The Karnataka Amendment Act, 2019, grants exemption from application of chapters 1 and 2 of the main Act of 2013 that mandates conduct of preliminary investigation for determination of social impact and public purpose, appraisal of social impact assessment by an expert group and special provision to safeguard food security as part of land acquisition process.
However, the Bench noted that despite exemption, the KIADB in 2016 had resolved to determine the amount of compensation for the land which may be acquired under the KIAD Act, 1966, as per the Schedule-1 of the main Act of 2013. “Therefore, the grievance of the owners of the land in so far as it pertains to payment of lesser compensation under 1966 Act does not survive,” the Bench said.
