A.A. ATTAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in all the petitions claim to be the residents residing at Byadagi Taluk, Haveri district, and have been carrying on business in the market area in the said town. Pursuant to the request dtd. 20/2/2019 made by the Deputy Commissioner, Haveri, the State of Karnataka granted approval on 18/9/2019 for acquisition of lands including the lands of the petitioners for the purpose of widening Gajendragad - Sorab State Highway - 136 between Kilometres 237.05 to 237.90 in Byadagi town. Aggrieved by the same, some of the petitioners approached this Court in W.P.No.116151/2019 and W.P.No.108344/2020. By final order dtd. 12/3/2020, this Court disposed of the said petitions that the respondents - authorities shall initiate acquisition proceedings for acquisition of the land of petitioners and other land owners by providing an opportunity to them and proceeding further in accordance with law.

(2.) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the said Act of 2013') came into force w.e.f. 1/1/2014. Sec. 109 of the said Act of 2013 empowers the Central Government and State Governments to frame Rules. The procedure empowering the respective State Government to frame Rules is provided under Ss. 111 and 112 of the said Act of 2013. Exercising powers under the aforesaid provisions, the respondents - State of Karnataka framed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka) Rules, 2015, which came into force w.e.f. 17/10/2015. On 16/7/2019, the respondents - State amended the said Act of 2013 by enacting the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka Amendment) Act, 2019 vide Karnataka Act No.16 of 2019 w.e.f. 16/7/2019 (for short 'the said Amendment Act, 2019'). As per the said amendment, subclause(u) was inserted to sub-sec. (2) of Sec. 109 of the said Act of 2013 empowering the State Government to frame Rules to give effect to the said Amendment Act of 2019.

(3.) Ss. 4 to 9 contained in Chapter - II of the said Act of 2013 provides for Determination of Social Impact and Public Purpose of the acquisition by preparation of a social impact assessment study and necessary steps in this regard to be taken by the appropriate Government. Under the said Amendment Act of 2019, the State of Karnataka inserted Sec. 10-A under Chapter III-A, whereby the State Government was empowered to exempt certain projects from the application of Chapter - II of the said Act of 2013 in relation to social impact determination and from Chapter - III of the said Act of 2013, which provides for safeguard of food security. Sec. 10-A which came into force from 16/7/2019 as stated supra, empowers the State Government to issue notification in the official gazette exempting the application of social impact determination in respect of various types of projects including infrastructure projects as provided under Sec. 10-A (b) of the said Act of 2013.