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WP No. 24494 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 24494 OF 2021 (LA-KIADB)
BETWEEN:
1.
SRI L RAMAKRISHNAPPA
S/O LATE M LINGAPPA
AGED ABOUT 73 YEARS,
RESIDENT OF NO.247
BCMC LAYOUT,
RAGHUVANAHALLI
KANAKAPURA ROAD
BENGALURU – 560 062
2.
SRI BABU REDDY
S/O LATE M LINGAPPA
AGED ABOUT 61 YEARS,
RESIDENT OF AREHALLIGUDDADAHALLI VILLAGE
KASABA HOBLI
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT – 561 203.
…PETITIONERS
(BY SRI. VENUGOPAL M S.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA
DEPARTMENT OF REVENUE
Digitally signed
by POORNIMA
SHIVANNA
Location: HIGH
COURT OF
KARNATAKA
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WP No. 24494 of 2021
VIKASA SOUDHA
BENGALURU-560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2.
STATE OF KARNATAKA
DEPARTMENT OF INDUSTRY
AND COMMERCE, VIKASA SOUDHA
BENGALURU – 560 001.
REPRESENTED BY ITS SECRETARY
3.
THE COMMISSIONER,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NRUPATHUNGA ROAD,
BENGALURU – 560 009.
4.
THE SPECIAL LAND ACQUISITON OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NRUPATHUNGA ROAD,
BENGALURU – 560 009.
…RESPONDENTS
(BY SRI.NITHYANANDA K.R., AGA FOR R1 AND R2;
SRI.B.B.PATIL, ADVOCATE FOR R3 AND 4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE NOTIFICATION DATED 22.05.2005 ISSUED BY THE R2
VIDE ANNEXURE - H, IN SO FAR AS SCHEDULE LANDS
ARE CONCERNED AND ETC.,
THIS WP COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 24494 of 2021
The petitioners are before this Court seeking for the
following reliefs:
a)
"Issue a Writ of Certiorari quashing the notification
bearing No.CI 45 SPQ 2005 dated 22.05.2005
issued by the 2nd Respondent vide Annexure-H,
insofar as schedule lands are concerned.
b)
Issue a writ of Certiorari quashing the notification
bearing No.CI 246 SPQ 2005 dated 01.03.2006
issued by the 2nd Respondent vide Annexure-J,
insofar schedule lands are concerned.
c)
Alternatively, issue a writ of Mandamus directing
the Respondents 2 to 4 to pass an award by fixing
the compensation as per the prevailing award rate
in respect of the land bearing Sy.No.72, 85 and 87
situated Arehalli Guddadahalli Village, Kasaba
Hobli, Doddaballapura Village;
d)
Issue such other writ or directions as this Hon'ble
Court deems fit to be granted in the facts and
circumstances of the case by allowing this petition
in the interest of justice and equity."
Learned counsel for the petitioners does not wish to
press prayers 'a' and 'b'. Accepting the said
submission, prayers 'a' and 'b' are dismissed as
withdrawn.
The grievance of the petitioners is that though the
land of the petitioners has been acquired under
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notification dated 22.05.2005, compensation has not
been paid and as such, the aforesaid reliefs have
been sought for.
Sri
B.B.Patil,
learned
counsel
appearing
for
respondent Nos.3 and 4 submits that given four
weeks’ time, the claim of the petitioners would be
considered and necessary orders would be passed in
accordance with law.
5.
Accepting the said submissions, I pass the following:
:ORDER:
a)
writ petition is allowed.
b)
The respondents are directed to consider the
representation of the petitioners for awarding
compensation within a period of four weeks
from the date of receipt of the copy of this
order and pass necessary orders.
Sd/-
JUDGE
KTY
