NEW DELHI: In a landmark judgment, which has far-reaching implications on state’s finances, the Supreme Court on Monday allowed over a batch of 500 petitions filed by Karnataka and other state governments against the high court’s orders dismissing the appeals filed against ‘’excessive” compensation granted to landowners for acquisition of lands under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
“Section 74 of the 2013 Act does not bar the application of Section 5 (which empowered courts to condone delay due to sufficient cause) of the Limitation Act. Consequently, all the applications seeking condonation of delay in preferring the first appeals before the High Courts under Section 74 of the 2013 Act stand allowed,’’ said the bench of Justices MM Sundresh and Satish Chandra Sharma.
It directed the High Courts to avoid a pedantic approach as against a pragmatic one in dealing with the applications seeking condonation of delay in such matters. The top court pronounced the judgment in the Deputy Commissioner & Special Land Acquisition Officer against SV Global Mills and allowed 530 appeals filed before it. Flagging the concerns on collusion and active connivance of different persons -- including the office of the acquiring body and that of their counsel and their lackadaisical approach in filing appeals -- the apex court stressed that the malice must be addressed by creating a better management and monitoring system.
Granting relief to the State, the court noted that the very appeals before it, approximately 530 in numbers, were classic examples of lackadaisical functioning and possible official connivance, as in many cases even copy applications were not filed within the prescribed time after Reference Court judgments.The 530 appeals in the top court related to major land acquisition projects such as the Upper Krishna Basin Project, Singatalur Lift Irrigation Project, State Highway projects, and other important development works.
Setting aside the impugned judgments of the HC -- as the issue of application of Section 5 of the 1963 Act is concerned -- the court said, the respective State governments will have to take necessary measures and issue appropriate directions to the officers dealing with the appeals under Section 74 of the 2013 Act against the awards passed after the commencement of the 2013 Act to ensure that the appeals are filed as provided under Section 74 of the 2013 Act.
Karnataka government officials said the judgment has far-reaching implications for the state’s finances. Owing to the successful challenge mounted by the Karnataka government, alongside Karnataka Neeravari Nigama, public money running into several tens of thousands crores of rupees, which was at stake, stands protected.