Bernard Francis Joseph Vaz v. Government of Karnataka - Case Summary
Background
Between 1995 and 1997, the appellants purchased residential plots in Gottigere Village, Bengaluru. In 1997, the Karnataka government entered into an agreement with Nandi Infrastructure Corridor Enterprise Ltd. (NICE) to develop the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP), which led to the acquisition of several private lands.
Legal Proceedings
The Karnataka Industrial Areas Development Board (KIADB) issued land acquisition notifications in 2003. However, the appellants were not compensated for over a decade, leading them to file writ petitions in the Karnataka High Court.
Supreme Court Observations
The Supreme Court emphasized that although the Right to Property is no longer a fundamental right, it remains a constitutional right under Article 300-A. The Court ruled that delaying compensation for over two decades made the provision a 'mockery.'
Judgment
The Court, under Article 142, directed that compensation be determined based on the market value as of April 22, 2019, rather than the original acquisition date of 2003, ensuring justice for the appellants.
Conclusion
This ruling reinforces constitutional property rights and highlights the judiciary's role in protecting citizens against undue delays in land acquisition processes.
