Karnataka HC Quashes NICE Project Land Acquisition, Sets Constitutional Mandate

• The Karnataka High Court dismissed a batch of appeals filed by NICE and KIADB, quashing the acquisition of farmers' land due to non-determination of compensation.
• The court observed that the BMICP may be 'one of the biggest scams' in the State, highlighting the violation of Article 300A of the Constitution of India.
• The decision sets a strong constitutional mandate for compensation to landowners and may be cited in future cases challenging similar infrastructure projects.

It appears that this BMICP may be one of the biggest scam in the State of Karnataka and it demonstrates how a State, which is the trustee of the natural resources on behalf of the citizens, can allow the private interest to flourish in utter violation of the constitutional mandate.

The Karnataka High Court has dealt a significant blow to the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP) implemented by Nandi Infrastructure Corridor Enterprise (NICE). In a recent judgment, the court dismissed a batch of appeals filed by NICE and the Karnataka Industrial Areas Development Board (KIADB), quashing the acquisition of farmers' land due to non-determination of compensation over two decades ago. This decision has far-reaching implications for land acquisition laws in Karnataka and sets a strong constitutional mandate for compensation to landowners.

The court's observation that the BMICP may be 'one of the biggest scams' in the State highlights the violation of Article 300A of the Constitution of India, which mandates payment of compensation to landowners. The court noted that there is nothing 'nice' about the NICE project except for the fact that farmers had been robbed of their land and livelihood without payment of compensation. This constitutional mandate has significant implications for future infrastructure projects in Karnataka, where private interests may be pitted against public interest.

The court's decision is a strong precedent that sets a constitutional mandate for compensation to landowners. Lawyers should take note of this judgment, which may be cited in future cases challenging similar infrastructure projects. The court's observation that the State has allowed private interests to flourish at the expense of public interest and landowners raises important questions about the balance between development and the rights of citizens. This precedent is likely to have significant implications for future land acquisition laws in Karnataka and beyond.

Lawyers should watch for this precedent, which sets a strong constitutional mandate for compensation to landowners and may be cited in future cases challenging similar infrastructure projects.

Source: Original reporting via The New Indian Express