Remanded

Smt Siddagangamma v. the Special Land Acquisition Officer, Bbmp

Karnataka HC2 Mar 2022MFA/2696/2020

Case brief

AI extract

What is this about?

Appeal against land acquisition compensation award where the Special Land Acquisition Officer who deposited the amount was wrongly represented by SLAO, BBMP. Court remanded matter to lower court to implead the correct authority for fresh adjudication.

What did the court decide?

Judgment and award dated 15.10.2019 set aside; matter remanded to lower court to implead SLAO, Visveswaraiah Building, in place of SLAO, BBMP, Bengaluru.

Smt Siddagangamma Vs the Special Land Acquisition… — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^nd DAY OF MARCH, 2022

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BEFORE

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THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

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MFA No.2696/2020 (LAC)

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BETWEEN:

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SMT. SIDDAGANGAMMA W/O. MUTHARAYAPPA V, AGED ABOUT 60 YEARS, R/O. NO. 2578, 11^TH MAIN, E-BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU 560010.

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.. APPELLANT

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(BY SMT. N.APARNA, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER, BBMP, BENGALURU, AT VISHWESHARAIAH TOWERS, PODIUM BLOCK, BENGALURU 560001.

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SMT. NANJAMMA W/O CHIKKAVENKATAPPA, BYATARAYANAPURA, YELAHANKA HOBLI, BENGALURU 560 064.

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K.C.ASHWATH, NO.673, BLOCK NO.3, N-LIG 5^TH PHASE, YELAHANKA NEW TOWN, BENGALURU 560 065.

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B. JANARDHAN S/O GANGAGIRAO, AGED ABOUT 55 YEARS, NO.188/1, 4^TH CROSS, 5^TH BLOCK, BANASHANKARI 3^RD STAGE BENGALURU 560 085.

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B. SANJIVRAO S/O LATE B. SRIRAMULU, AGED ABOUT 64 YEARS, 601, GROUND FLOOR, 21^ST CROSS, 1^ST MAIN, R.T.NAGAR, BENGALURU 560 032.

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T. SIDDAGANGAMMA, W/O MUTTURAYAPPA, AGED ABOUT 50 YEARS NO.2578, 11^TH MAIN, ‘E’ BLOCK, RAJAJINAGAR, 2^ND STAGE, BENGALURU 560 010.

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SANDHYARANI K.R. D/O K. RAMAIAH, AGED ABOUT 38 YEARS, NO.22, 2^ND PHASE ANJANEYA NAGARA, BSK 3^RD STAGE BENGALURU 560 085.

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D. SHEENASHETTY, S/O KORAGAPPA, AGED ABOUT 59 YEARS, 653, ANUGRAHA 5^TH CROSS, 10^TH MAIN, BSK BENGALURU 560 050.

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C. SHASHIDHARA, S/O LATE DR.N. CHANNABASAPPA, AGED ABOUT 54 YEARS, R/AT NO.55, 2^ND CROSS, T.V.VENUGOPAL LAYOUT,

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GANGANAGAR, BENGALURU 560 032.

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SMT. BRUNDAVATHI, D/O DODDALINGAIAH, R/AT NO.1/7, SHIVANGIRI NILAYA HEBBAL-KEMPAPURA LAST BUS STOP, BENGALURU 560 024.

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11.	SMT. SUJATHA,
	W/O D.G.JAGANATHA RAO,
	AGED ABOUT 48 YEARS,
	R/AT NO.1050, 1^STBLOCK,
	1^STSTAGE, MANASANAGARA, NAGARABHAVI,
	BENGALURU 560 072.

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12.	C. JAGADISH, S/O LATE CHIKKABALAPPA, AGED ABOUT 25 YEARS, R/AT NO.83, NEAR MARAMMA TEMPLE, AMRUTHAHALLI, KELLAPPA LAYOUT, BENGALURU 560 092.
13.	BOLAPPA S/O LATE NANJANNA, R/AT NO,83, NEAR MARAMMA TEMPLE, AMRUTHAHALLI, BENGALURU 560 092.
14.	N. JAYASHANKAR S/O B.M. NARAYANAPPA, AGED ABOUT 59 YEARS, R/AT NO.15, NEAR VINAYAKA VIDHYA KENDRA, BYATARAYANAPURA, BENGALURU 560 092.

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15.	B. SAROJA
	W/O N. JAYASHANKAR,
	AGED ABOUT 59 YEARS
	R/AT NO.15,

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NEAR VINAYAKA VIDHYA KENDRA, BYATARAYANAPURA, BENGALURU 560 092.

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SMT. NAGARATHNA M. BHAT AGED ABOUT 55 YEARS S/O LATE MAHALINGA BHAT R/AT 837, 2^ND CROSS, EXTENSION COLONY, R.T. NAGARA BENGALURU 560 032.

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.. RESPONDENTS

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(SRI. H. DEVENDRAPPA, ADVOCATE FOR R-1 VIDE ORDER DATED 4.3.2021 NOTICE TO R-2 TO R-16 IS DISPENSED WITH)

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THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2019 PASSED IN LAC NO. 147/2002 ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-NO.17 PARTLY ALLOWING REFERENCE PETITION FILED UNDER SECTIONS 30 AND 31(2) OF THE LAND ACQUISITION ACT 1894.

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THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard Smt.Aparna, learned counsel for the

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appellant and Sri.Devendrappa, learned counsel for respondent No.1.

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This appeal is preferred by the claimant challenging the judgment and award dated 15.10.2019

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passed by the II Additional City Civil and Sessions Judge, Bangalore (CCH No.17) in LAC No.147/2002.

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Actually reference under section 30 of the

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Land Acquisition Act was made by the Special Land Acquisition Officer (hereinafter referred to as ‘SLAO’), Visveswaraiah Building, Podium Block, Bangalore. But in the reference petition the name of 1^st respondent was shown as SLAO, BBMP, Bengaluru. An advocate with initials Sri.NRJ entered appearance for the SLAO, BBMP, Bengaluru and thereafter he did not appear before the court. The other respondents were owners of some other sites. Actually the appellant claimed compensation in respect of two sites bearing Nos.55 and 56. The court below apportioned the compensation in favour of the appellant in respect of Site Nos.55 and rejected her claim in respect of Site No.56 observing that she failed to produce the title deed in respect of Site No.56. Therefore, this appeal.

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The appellant has filed I.A.1/2020 seeking permission to produce additional documents to establish her ownership over site No.56.

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Sri. Devendrappa, learned counsel for respondent No.1 submits that in the reference petition, SLAO, Visveswaraiah Building, Bangalore, was not made a party and wrongly SLAO, BBMP, Bengaluru was made a party. He also submits that the compensation amount has been deposited by SLAO, Visveswaraiah Building, Bangalore.

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Having noticed that the SLAO who actually deposited the amount was not before the court below while the reference petition was decided and that now the appellant has filed I.A.1/2020 seeking permission to produce additional documents in respect of Site No.56, I am of the opinion that this matter may be remanded to the court below to enable the appellant to implead the SLAO, Visveswaraiah Building, Bangalore, in the place of

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SLAO, BBMP, Bengaluru, for proper and complete adjudication of the matter. The documents that the appellant has now produced along with I.A.1/2020 may be produced by her before the court below.

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The appeal is allowed. Judgment and award dated 15.10.2019 passed by the II Additional City Civil and Sessions Judge, Bangalore, (CCH No.17) is set aside. The matter is remanded to the said court for disposal afresh by impleading the SLAO, Visveswaraiah Building, Bangalore, as respondent No.1 in place of SLAO, BBMP, Bengaluru. The appellant shall appear before the court below on 21.03.2022 .

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The documents produced by the appellant along with I.A.1/2020 be returned to her so that she can

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produce the same before the court below.

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Sd/JUDGE

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Dvr:

Smt Siddagangamma v. the Special Land Acquisition Officer, Bbmp

Case brief

What is this about?

What did the court decide?

Smt Siddagangamma v. the Special Land Acquisition Officer, Bbmp

Case brief

What is this about?

What did the court decide?

What the court decided

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