BENGALURU: The Karnataka High Court upheld the constitutional validity of the Karnataka Amendment Act to the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
Quashing the interim order dated April 19, 2017, passed by single judge in a batch of petitions, the division bench of Justices Alok Aradhe and Hemant Chandangoudar said the order not sustainable under law. The single judge should not have dealt with the issue of constitutionality of provision of law by an interim order, the court added, while allowing a batch of writ appeals filed against the order.
Holding that amendments brought to the Resettlement Act in 2019 by the state are neither arbitrary nor violative of Article 21, the court held that provisions of Karnataka Industrial Area Development Board Act, 1966, Act are not implied on coming to force of the 2013 Act.
“The 1966 Act is a special law, whereas, the 2013 Act, which deals with acquisition of the land is a general law and the assent granted by the President in 1966 to 1966 Act did not lapse on coming into force of 2013 Act,” the court added.