Executive Engineer Vs State (Karnataka High Court)
In , the Karnataka High Court dealt with a writ petition filed by Karnataka Neeravari Nigam Limited (KNNL), the beneficiary of land acquisition proceedings, seeking to quash a judgment and award passed by the III Additional District Judge at Kalaburagi in LACA No.817 of 2017. The Court noted that the acquisition proceedings had remained pending for an excessively long period and that land losers had not received compensation within a reasonable timeframe. The Court also observed that claimants had been compelled to initiate execution proceedings for enforcement of decrees, reflecting the prolonged nature of the dispute and lack of finality.
The Court recorded that continued pendency of the litigation would prejudice all stakeholders. Land losers would be deprived of timely compensation, while the State Government and KNNL would face increasing financial liabilities because of statutory interest and related obligations. The Court further noted that multiple execution and ancillary proceedings were consuming judicial time and complicating resolution of the dispute.
Considering these circumstances, the Court suggested reference of the matter to mediation under the principles underlying Section 89 of the Code of Civil Procedure, 1908. The Advocate General, after obtaining instructions from the State Government and concerned departments, agreed to explore settlement through mediation. Counsel representing the land losers also consented, recognising that mediation could facilitate faster payment of compensation and avoid further litigation delays.
