‘Court cannot order for acquisition of land’

NT Correspondent

Bengaluru: Noticing the order of a single-judge bench directing authorities to acquire land of some farmers, a Division Bench has allowed the farmers to seek clarification on it. Citing a Supreme Court judgement (Jayamma & Others Vs Deputy Commissioner, Hassan), the Division Bench said that “Courts cannot direct the acquiring body to acquire a piece of land.”

Five farmers from Hukkeri in Belagavi approached the Division Bench of Justice R Devdas and Justice Rajesh Rai K at the Dharwad Bench of the HC with a Civil Contempt Petition against the Karnataka Neeravari Nigama. The farmers had earlier approached the HC seeking direction to the authorities to acquire their land which were sought to be submerged in the backwaters of the Hidkal Dam.

They also sought compensation for it. A single-judge bench had directed the Chief Engineer, Karnataka Neeravari Nigama Limited and the Executive Engineer of the Nigama to take necessary steps for action and pass necessary orders within four months. When the authorities did not follow up on the order, the farmers approached the Division Bench with the contempt petition.

The Division Bench however noticed that the Supreme Court had held that Courts cannot give the directions to acquire land. Moreover “We have also noticed that directions were given to the Chief Engineer and Executive Engineer of the Karnataka Neeravari Nigam Limited, who are not the acquiring authorities,” the bench noted.

The Division Bench was about to dismiss the contempt petition when the counsel for the farmers requested liberty to approach the single bench for clarification or modification of the directions. The farmers would seek modification of the single judge order to direct the State government to make the acquisition and grant compensation.

The Division Bench agreed to the request and said, “Placing the submission of the learned Senior Counsel on record the contempt petition is disposed of."