2023 (4) TMI 1465

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....No. 103379/2017, W. P. No. 109157/2017, W. P. No. 109158/2017 (LA-RES) - -<br>Indian Laws<br>The Hon'ble Mr. Justice N. S. Sanjay Gowda For the Petitioners : Sri. S.M. Chandrashekar, Senior Counsel For Sri. J.M. Anil Kumar, Advocate) For the Respondents : Sri. Shiva Prabhu Hiremath, Aga For R1 Sri. S.C. Angadi, Advocate For R2 To R4 Sri. Y. Raviraj, Advocate For R-5) ORDER 1. In all these writ petitions, the awards that are passed by consent are called in question, with a direction to respondent No.3 to re-fix or re-determine the awards in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the 2013 Act / new Act" for short) by awarding 100% solatium an....

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....at the compensation and resettlement and rehabilitation are higher than the quantum prescribed under the 2013 Act. 6. It is also contended that the provisions for land acquisition and compensation would have to be applied to all cases where the compensation awards or agreements have not been made as of 31.12.2013 as indicated in the Annexure and since admittedly, the awards or agreements were not made before 31.12.2013, it is obvious that the Government Order would have to apply. 7. Learned counsel also submits that since as per the Government Order, the intent of the State was to ensure that the land-losers are compensated in terms of the provisions of the 2013 Act, by virtue of Section 96 of the 2013 Act, there was an exemption for ....

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....ri. C.V. Angadi, learned counsel for the respondents, refutes this contention and contends that even if the compensation is re-worked as per the Government Order, the petitioners would not be getting a higher compensation. 14. For the purpose of these writ petitions, it would not be necessary to venture into this controversy. 15. Since the Government has stated its objective of ensuring compensation to the land-losers are provided as per the provisions of the 2013 Act, even in respect of the awards which had been passed after the 2013 Act came into force, it would be necessary to direct the concerned Authority to re-consider the matter by applying the Government Order dated 14.11.2014. 16. The competent authority shall notify the p....