Proper to property a constitutional proper, says Supreme Courtroom

The bench famous that in January 2003, a preliminary notification was issued by the Karnataka Industrial Areas Growth Board (KIADB) for buying lands for the challenge and in November 2005, the possession of land of the appellants was taken over.

The highest courtroom mentioned the land house owners, who had been appellants earlier than it, had been required to knock on the doorways of the courts on numerous events over the last 22 years they usually have been disadvantaged of their property with none compensation for a similar.

It famous there was no delay which might be attributed to the appellants in not getting compensation, nevertheless it was on account of the “torpid perspective” of the officers of the State/KIADB that the appellants had been disadvantaged of compensation.

The bench mentioned that solely after notices had been issued in contempt proceedings, the compensation was decided by the Particular Land Acquisition Officer (SLAO) on 22 April 2019, taking guideline values prevailing in 2011 for figuring out the market worth of the acquired land.

It mentioned if the compensation to be awarded on the market worth as of 2003 was permitted, it could quantity to allowing a travesty of justice and making the constitutional provisions underneath Article 300-A a mockery.

It was a match case for the apex courtroom to train its powers underneath Article 142 of the Structure and direct the shifting of the date for dedication of the market worth of the land of the appellants.

“We, due to this fact, in train of energy of this courtroom underneath Article 142 of the Structure of India, discover it acceptable within the curiosity of justice that the SLAO be directed to find out the compensation to be awarded to the appellants herein on the idea of the market worth prevailing as on April 22, 2019,” the bench mentioned.

The highest courtroom directed that the SLAO shall go a contemporary award taking the market worth prevailing as on 22 April 2019 inside two months after listening to the events.

“The rights of events to problem the award in reference, if they’re aggrieved by it, shall stay open,” the bench mentioned.

It famous the appellants have been disadvantaged of their reliable dues for nearly 22 years.

“It could actually additionally not be controverted that cash is what cash buys. The worth of cash relies on the concept cash might be invested to earn a return, and that the buying energy of cash decreases over time resulting from inflation,” it mentioned.

The bench mentioned it was of utmost significance that the dedication of award and disbursal of compensation in case of acquisition of land needs to be made with promptitude.