The court said that the purpose of the Constitution is to protect practical and substantial rights.
Bangalore:
The Karnataka High Court on Saturday said the government cannot act as ‘robbers to citizens’. A bench headed by Justice Krishna S Dixit made the observation while partially admitting a petition filed by MV Guruprasad, Nandini M Guruprasad and area residents of Bangalore’s JP Nagar. The court stayed the conduct of the Karnataka Industrial Area Development Board (KIADB) and its officials for non-fulfillment of the claims made clear. Because the government acquired the land for the establishment in 2007, but did not pay compensation to the land even after 15 years.
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The petitioner had filed the petition in 2016, questioning the land acquisition and non-payment of compensation by KADB. In turn, the agency submitted its deposit while issuing contingency notice to the court in this regard that there has been a delay in the payment of compensation, and it would be done shortly.
The court said that the purpose of the Constitution is to protect practical and substantial rights. Quoting St. Augustine’s 5th century book ‘The City of God’, the court said, “What else is there but robbers of the kingdom without justice?”
“There is no credible explanation as to why the payment of compensation is being stopped since the decade of shipment,” Justice Krishna S. Dixit said in his judgement. Though the challenge to the land acquisition was dismissed by the court, it ordered that the compensation be re-fixed at the rate of 50 per cent calculated under the Right to Fair Compensation and Compensation in the Land Acquisition, Rehabilitation and Resettlement Act, 2013 Done should be done.
KIADB i.e. Karnataka Industrial Area Billboard was also directed to pay the cost of Rs 25,000 per acre for filing the petition.
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