This bench of the Karnataka High Court considered a Civil Contempt Case alleging violation of an order directing parties to seek consent acquisition for land. The court held no breach was evident as the alleged action was an award and noted the third-party title dispute exception in the original order.
The petition for contempt proceedings was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MR. ABHAY S.OKA, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY
C.C.C.No.525/2020
BETWEEN:
Smt. N.M.Sukanya, Aged 70 years, D/o. Late N.A.Mayanna, W/o. Late Chikka Veeranna, 324, 1st E Cross, 3rd Main, 3rd Block, HRBR Layout, Kalyana Nagara, St. Thomas town post, Bengaluru – 560084. ..COMPLAINANT
(By Sri S.S.Ravishankar for Smt. Gayathri E.P., Advs.)
AND:
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& Executive Member, # 14/3, II Floor, R.P. Building, Nrupatunga Road, Bengaluru – 560001.
This CCC is filed under Sections 11 & 12 of the Contempt of Court Act, praying to initiate contempt proceedings against the accused for having violated the orders dated 16.07.2020 passed in in W.P.No.4578/2020 (LA-KIADB) at Annexure-F.
This CCC coming on for Orders, this day, Chief Justice made the following:
ORDER
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“9. Accordingly, the question of considering the relief sought in the writ petition does not arise. In that view of the matter, the petition is disposed of by directing the parties to seek for consent acquisition and in the event the petitioner and other legal heirs satisfying Land Acquisition Officer with regard to their absolute right and title, insofar as it relates to 190.17 sq. metres and there being no impediment. The respondents shall resort to consent acquisition and expedite passing of the award and payment of compensation within three months from the date of receipt of a copy of this order.
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Subject to what is observed above, the petition is disposed
of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KK
1 issue framed by the court
Whether the complaint for contempt stands made out due to violation of the interim order in W.P.No.4578/2020.
Smt. N.M. Sukanya
Chandrashekar N.M.
The Karnataka Industrial Area Development Board
Karnataka Industrial Area Development Board (METRO RAIL PROJECT)
Abhay S. Oka
S. Vishwaji Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
