Can't Invoke Urgency Clause To Acquire Poor Farmers' Lands Over Speculation: Karnataka High Court Quashes Acquisition Near Hampi Monuments

The Karnataka High Court has quashed a 2006 notification acquiring certain land in Krishnapur Village which is proximate to the historical Hampi monuments and falls within the protected area of Hampi Monuments and remains. “The impugned preliminary notification as well as final notification are liable to be quashed as poor farmer’s lands are sought to be acquired on mere speculation and on the ground that they are required for beautification of National monuments and to provide related infrastructure and therefore the power exercised by the State in acquiring petition lands are found to be malafide and therefore, the impugned notifications need to be quashed.” The court held that the order of acquisition by invoking urgency power under Section 17 of the Land Acquisition Act and thereby dispensing enquiry under Section 5A of the Act is totally improper and therefore, the entire acquisition proceedings are liable to be quashed. They questioned the urgency clause invoked under Section 17 of the Land Acquisition Act and claimed that there was no real urgency. Findings: The bench noted that the State’s power of eminent domain finds expression in two statutory enactments namely, the Land Acquisition Act and the Right to Fair Compensation Act. The court found that the government had inappropriately invoked the urgency clause under Section 17 of the Land Acquisition Act.