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2023 Supreme(Online)(KAR) 2710
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NC: 2023:KHC:38016-DB
CCC No. 180 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE KRISHNA S. DIXIT
CCC NO. 180 OF 2023 (CIVIL)
BETWEEN:
1.
SHRI A. LAKSHMIPATHY
S/O LATE L. ANDANAPPA
AGED ABOUT 60 YEARS
R/AT NO.7, 4TH ‘A’ CROSS
M.M. LAYOUT
KAVAL BYRASANDRA
BENGALURU-560032
…COMPLAINANT
(BY SRI C VIJAY KUMAR, ADVOCATE)
AND:
1.
SMT. VANDITHA SHARMA
AGED ABOUT 55 YEARS
CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
3RD FLOOR, VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU-560001
2.
SRI KUMAR NAYAK
AGED ABOUT 53 YEARS
THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
KUMARA PARK WEST
BENGALURU-560020
Digitally signed
by AMBIKA H B
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC:38016-DB
CCC No. 180 of 2023
3.
SRI TUSHAR GIRINATH
AGED ABOUT 53 YEARS
THE CHIEF COMMISSIONER
BBMP, N R SQUARE
BENGALURU-560002
…ACCUSED
4.
STATE OF KARNATAKA
3RD FLOOR
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU-560001
REP. BY THE CHIEF SECRETARY
…PRO FORMA RESPONDENT
(BY SRI DEVARAJ ASHOK, HCGP FOR R-1;
SRI B S SACHIN, ADVOCATE FOR R-2;
SRI B L SANJEEV, ADVOCATE FOR R-3)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF
THE OFFENCES COMMITTED BY THE ACCUSED AND PUNISH
THE ACCUSED FOR HAVING COMMITTED CONTEMPT OF COURT
BY DISOBEYING THE DIRECTION GIVEN BY THIS COURT IN
W.P.
NO.17007/2022
(BDA)
DATED
03.11.2022
VIDE
ANNEXURE-A.
THIS CCC COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
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NC: 2023:KHC:38016-DB
CCC No. 180 of 2023
The
learned
counsel
for
accused
No.2-Bangalore
Development Authority (BDA) has filed a memo dated
26.10.2023 in Court today along with a copy of the award
dated 27.09.2023 (Document No.1) passed by the BDA in
respect of Sy.No.19/2B of Matadahalli Village, Bengaluru North
Taluk and submits that the order dated 03.11.2022 passed by
the learned Single Judge in W.P.No.17007/2022 has been
complied with.
A perusal of records indicates that the BDA had
acquired the said land way back in the year 1971-1972. Now,
the BDA has passed the award dated 27.09.2023 quantifying
the compensation at Rs.45,140/- in respect of Sy.No.19/2B,
measuring 3 acres and 2 guntas situated in Matadahalli,
Bangalore North Taluk.
In view of the above, it can safely be said that the
order passed by the learned Single Judge has been complied
with by the BDA by passing the award dated 27.09.2023.
Accordingly, we direct the BDA to pay the compensation
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amount of Rs.45,140/- to the complainant within two weeks
from today including statutory benefits.
It is relevant to observe that the facts involved in
the present case certainly touches one’s conscience as the
complainant was made to wait for nearly five decades just to
receive compensation for his land which was acquired long back
in the year 1971-1972 and the compensation amount of
Rs.45,140/- for the land situated in Matadahalli Village,
Bangalore North Taluk, is also meager. It is also relevant to
observe that citizens are made to run from pillar to post initially
by filing proceedings before this Court seeking compensation
for the land acquired and thereafter, if the order passed by this
Court is not complied with, by way of filing contempt petitions.
The citizens are compelled to make financial arrangements for
obtaining legal assistance to file litigations and also for meeting
other expenses on account of the lethargic approach of the
public body viz., BDA. In the circumstances, we deem it
appropriate to impose costs on the BDA so that at least in
future, the BDA would not indulge in such acts. As such, the
BDA is directed to pay costs of Rs.25,000/- to the complainant
within four weeks from today.
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5.
If the compensation amount of Rs.45,140/- is paid
by the BDA within two weeks from today, the complainant is at
liberty to take appropriate proceedings for enhancement of
compensation, if so advised.
With the above directions and observations, the contempt
petition is disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KPS
List No.: 1 Sl No.: 43
