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Judgment
ORAL ORDER
This Writ Petition is filed seeking following reliefs:
a. This Hon’ble Court be pleased to issue Writ in the nature of Mandamus to the Respondent Nos.1 to 7 to forthwith release and disburse the entire compensation amount as per consent award due to the Petitioners for the land acquired for the Upper Krishna Project Phase-III, bearing Petitioner No.1 is owners of Sy.No.37/1ka extent of 4 acre 9 guntas, Petitioner No.2 is owner of Sy.No.37/1ba/1 extent of 2 acre 2 guntas, Petitioner No.3 is owner of Sy.No.37/1ba/2 extent of 16 guntas and Sy.No.37/1ba/3 extent of 1 guntas and Petitioner No.4 is owner of Sy.No.37/1a/1 extent of 02 acre 13 guntas of Kandagal Village, Tq: Bilagi, Dist: Bagalkote, within a time bound manner as may be fixed by this Hon’ble Court.
b. This Hon’ble Court be pleased to issue Writ of Mandamus or any other appropriate writ, order, or direction, directing Respondent No.8 Bank to forthwith cease and desist from taking any coercive steps, including initiating or proceeding with public auction or any other recovery measures, against the Petitioner’s mortgaged properties, including the acquired land and other lands, until the full compensation amount is paid by the Respondent Nos.1 to 7 to the petitioner.
And
c. Pass any other order or direction as this Hon’ble Court deems fit and proper under facts and circumstances of the case including award of cost in interest of justice and equity.
Facts germane to file the present Writ Petition are as under:
It is the case of the petitioners that, their lands have been acquired for the purpose of Upper Krishna Project vide Preliminary Notification under Section 11 (1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on 22.07.2022.
Thereafter, on 27.01.2023, the Joint Measurement Committee submitted a report to respondent No.1. The Government thereafter, on 09.10.2025, fixed the consent award rates so far as Upper Krishna Project, Phase-III in respect of dry land as well as wet land at the rat of Rs.30,00,000/- and Rs.40,00,000/- per Acre respectively.
On 12.05.2026, the petitioners as per Annexure-E series, submitted representations, agreeing for the consent award rates in terms of the Government Order dated 09.10.2025.
Subsequent to the same, a notice came to be issued as per Annexure-F to all the petitioners on the consent award. Despite the consent by the petitioners by means of representations dated 12.05.2026, no action has been contemplated on the same. Having left with no other alternative, the petitioners are before this Court seeking the reliefs supra.
Heard, Sri.Shashank S.Hegde, learned counsel appearing for the petitioners, Smt.Ratnamala.G.H, learned High Court Government Pleader appearing for respondents 1 to 6, Sri.Chetan Munnoli, learned counsel appearing for respondent No.7 and Sri.Shivaraj P.Mudhol, learned counsel appearing for respondent No.8.
Sri.Shivaraj P.Mudhol, learned counsel appearing for respondent No.8 Bank submits that, in view of mortgage and charge created in favor of the Bank on the lands in dispute the Bank has the first charge over the amount in respect of consent award passed, and after clearing the first charge, the petitioner is entitled to the balance amount, if any. Learned counsel has also furnished a copy of the order dated 15.06.2026 passed by the Coordinate Bench of this Court in W.P.No.104859/2026 and connected matters, wherein the petitioner had approached this Court at the earlier point of time with regard to the actions contemplated against him by respondent No.8 Bank. The co-ordinate Bench dismissed the writ petition and as per the submission of Sri Shashank Hegde and Sri Shivaraj P. Mudhol, learned counsel respectively a writ appeal is filed before the division bench of this Court and same is pending consideration.
Smt.Ratnamala, learned HCGP submits that the representations shall be considered and consent award shall be passed provided, nine months time is granted.
Having considered the rival submissions, this Court has perused the entire Writ Petition papers.
It is not in dispute that the land has been acquired way back in the year 2022. The consent award rates were fixed by the Government on 09.10.2025 i.e., nearly a year ago. Thereafter, the petitioners submitted their representations in May 2026 stating that, they are agreeable for the consent award rates fixed by the Government. Despite the same, the Consent Award has not been passed.
The Government is under obligation to pass the award without giving any room for any delay in respect of land acquired as the right to immovable property still remained as a Constitutional Right under Article 300A of the Constitution of India. The right under Article 300A creates a right in favor of a person for ‘just compensation’. The lands having been acquired in 2022 and the order fixing consent award rates passed a year back and the petitioners having submitted their consent in May 2026 agreeing of the rates so fixed, the laxity on the part of the respondent SLAO is highly condonable in law.
In that view of the matter, the respondents are directed to pass consent award in terms of the consent award rates fixed by the Government in its Order dated 09.10.2025, within three months from today, only in respect of the petitioners herein.
Any award passed and compensation released, respondent No.8 shall have the first charge over the award amount, in view of the submission of learned counsel Sri.Shivaraj P.Mudhol, appearing for the Bank. After the Bank’s entire charge and dues are fully satisfied, the balance amount, if any, shall be paid to the petitioners.
With the above observations, the Writ Petition is disposed of.