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2023 Supreme(Online)(Kar) 34268

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 8016 OF 2023 (LA-RES)

BETWEEN:

1. SIDDAGANGAMMA, W/O LATE CHANDRAPPA, AGED ABOUT 80 YEARS, R/AT IDAKANAHALLI VILLAGE, NITTUR HOBLI, GUBBIT TALUK, TUMKURU DISTRICT 572 223.

SENIOR CITIZEN BENIFIT NOT CLAIMED

2. SHASHIKALA, W/O SHANMUKAIAH, AGED ABOUT 63 YEARS, R/AT GUBBI HOSAHALLI, GUBBI TALUK, TUMKURU DISTRICT 572 216.

SENIOR CITIEN BENEFIT NOT CLAIMED Digitally signed by SHARADA 3. ANUSUYA, VANI B W/O Y G SHEKHARAPPA, Location: HIGH AGED ABOUT 60 YEARS, COURT OF KARNATAKA R/AT YAREHALLI VILLAGE, TARIKERE TALUK, CHIKMAGALURU DISTRICT 577 228.

SENIOR CITIZEN BENIFIT NOT CLAIMED

4. I C LEELAVATHI, W/O SADASHIVAIAH, AGED ABOUT 59 YEARS, R/AT UDDEHOSAKERE VILLAGE, GUBBI TALUK, TUMKURU DISTRICT 572 222.

5. SHILPA B, D/O LATE SUNANDA I C, W/O RAJASHEKARAIAH, AGED ABOUT 37 YEARS, R/AT DOOR NO 9, 2ND MAIN, 2ND CROSS, VITTAL NAGAR, CHAMARAJPET, BANGALORE 560 018.

6. SHRUTHI, D/O LATE SUNANDA I C, W/O ARYA KUMAR C N, AGED ABOUT 32 YEARS, R/AT OPP MARALA BASAVESHWARA TEMPLE, CHELUR VILLAGE, GUBBI TALUK, TUMKURU DISTRICT 572 117.

7. SHAILA, W/O DHARMAPPA D S, AGED ABOUT 53 YEARS, R/AT NO 16, MOHAN LIKITH NILAYA, 7TH CROSS, MAHESHWARI NAGAR T DASARAHALLI, BANGALORE 560 057.

8. NIRMALA, W/O MURGUAIAH D S, AGED ABOUT 51 YEARS, R/AT NO 44, 5TH CROSS, MAHESHWARI NAGAR, T DASARAHALLI, BANGALORE 560 057.

…PETITIONERS (BY SMT. THEJASWINI., ADVOCATE FOR SRI. VIRUPAKSHAIAH P H.,ADVOCATE)

AND:

1. STATE OF KARNATAKA, REP BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BENGALURU 560 001.

2. THE DEPUTY COMMISSIONER, TUMKURU DISTRICT, TUMKURU 572 101.

3. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI CANAL ZONE, TUMKURU 572 101.

…RESPONDENTS (BY SRI. R SRINIVASA GOWDA., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R-3 AUTHORITY TO CONSIDER AND DISPOSE OF THE APPLICATION FILED BY THE PETITIONERS DTD 30.11.2015 VIDE ANNX-C EXPEDITIOUSLY BY RE- DETERMINING THE COMPENSATION IN RESPECT OF THE ACQUIRED LAND BEARING SY. NO.27/3 MEASURING TO AN EXTENT OF 1 ACRE 24 GUNTAS SITUATED AT IDUKANAHALLI VILLAGE GUBBI TALUK, TUMAKURU DIST.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The short grievance of the Petitioners who claim to have lost their lands is as to non-consideration of their Representation filed under Section 28A of the Land Acquisition Act, 1894, wherein they have sought for enhancement of the compensation on the ground that other owners of the land covered under the very same notification have got such enhancement in LAC No.202/2006.

2. Learned AGA on request having accepted notice for the Respondents although initially opposed the Petition contending that there cannot be ‘pigeon-hole’ consideration of claims of the kind since many factors enter the fray of decision making. Having so contended, he now agrees to instruct his clients to look into the grievance of the Petitioners in terms of their application dated 30.11.2015, (Annexure-C) in accordance with law and in a time bound manner. This is appreciable.

In view of the above, this Writ Petition is disposed off.

Time for compliance is three months. All contentions are kept open.

It is open to the answering Respondents to solicit any document /information from the side of the Petitioners for due consideration of their Application; however, in the guise of such solicitation, no delay shall be brooked.

Now, no costs.

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