S K MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short grievance of the Petitioner-land owners is essentially against the award in question which purports to be a consent award when allegedly they had not consented to. Learned counsel appearing for the Petitioners submits that once it is treated as 'consent award', it attains finality in the form of a contract by virtue of pacta sunt servanda and as a consequence, his clients would be deprived of the right to seek enhancement of compensation u/s 18(1) of the erstwhile Land Acquisition Act, 1894. He also makes an offshoot submission that once the absence of consent is demonstrated, it will be a case of no award and in no circumstance, such an award can be treated as a general award. Therefore, he seeks a fresh award being framed in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) Learned AGA appearing for the official respondents, opposes the Petition contending that the award purports to be a consent award; at this length of time, an enquiry as to there being consent or its absence cannot be undertaken by the Writ Court; even in the absence of consent, the award partakes the character of a general award. He highlights the consequences of countenancing the submission of Petitioners' counsel. He also submits that an award is an offer is true. However, he hastens to add that, such an offer is confined to determination of compensation and nothing beyond that.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this Court is inclined to grant a limited indulgence in the matter as under and for the following reasons: