Appearing before Justice R. Nataraj, who is hearing a batch of petitions filed by farmers challenging the legality of the acquisition, Advocate General K. Shashi Kiran Shetty submitted that the government would place the acquisition award before the court pursuant to the final notification impugned in the petitions. He gave this undertaking in addition to the earlier assurance that the farmers would not be dispossessed of their lands before the passing of the award.
The Advocate General gave the undertaking after advocates representing the landowners sought a direction to stay the acquisition proceedings, expressing apprehension that the government might dispossess them soon after passing the award despite the pendency of the petitions challenging the acquisition
The petitioners’ advocates also pointed out that question of passing the award itself would not arise if the court were to accept their contention that the government’s action of granting an exemption from conducting a mandatory Social Impact Assessment under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
While recording Advocate General’s undertaking, the court adjourned further hearing till September 29.
The petition further alleged that the government resorted to subterfuge to bypass the rigorous 2013 land acquisition law, including mandatory Social Impact Assessment (SIA), landowner consent, and rehabilitation measures. To overcome SIA, the petitioners claimed the government first declared these rural areas as “Local Planning Area” under the Town and Country Planning Act and later upgraded them to “Urban Area” under the Karnataka Urban Development Authorities (KUDA) Act — solely to bring acquisition under the KUDA Act.
