Disposed

Sri. Chidanandappa S/O Urukundappa v. the Special Land Acquisition Officer

Karnataka HC5 Dec 2022WP/101350/2022

Case brief

AI extract

What is this about?

Petitioner sought mandamus for acquisition proceedings and compensation regarding land used for a railway station. Court directed a joint measurement to ascertain excess utilized land and ordered respondents to pay compensation if found, to be completed within three months.

What did the court decide?

Directed parties to undertake a joint measurement within three months; respondents to initiate compensation proceedings if excess land utilization is found.

Sri. Chidanandappa S/O Urukundappa Vs the Special Land… — Land Acquisition | Karnataka HC (2022)

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WP No. 101350 of 2022

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF DECEMBER, 2022 BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 101350 OF 2022 (LA-RES)

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BETWEEN:

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SRI. CHIDANANDAPPA S/O URUKUNDAPPA AGE. 56 YEARS, OCC. KARATAGI, TQ. KARATAGI, DIST. KOPPAL, PIN CODE. 583227.

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…PETITIONER

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(BY SRI. RAJASHEKAR GUNJALLI, ADV.)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER, MUNIRABAD, MEHABOOB NAGAR RAILWAY LINE CONSTRUCTION PROJECT, SINDHANUR DIST. RAICHUR, PINCODE. 584128.

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THE DEPUTY CHIEF ENGINEER, CONSTRUCTION-III, SOUTH WESTERN RAILWAY, KESHAVAPURA, HUBLI, PINCODE-584101.

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…RESPONDENTS

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(BY SRI.M.B.KANAVI, ADV. FOR R2; SRI.VINAYAK S KULKARNI, AGA FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INITIATE ACQUISITION PROCEEDINGS AND PAY COMPENSATION WITH ALL STATUTORY BENEFITS TO THE PETITIONER IN RESPECT OF THE LAND BEARING

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WP No. 101350 of 2022

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SY.NO.110/*/2 MEASURING TO AN EXTENT OF 1 ACRES 32 GUNTAS OF KARATAGI VILLAGE, DIST.KOPPAL DATED 5-2-22 VIDE ANNEXURE-B WHICH IS UTILIZED BY THE RESPONDENTS FOR CONSTRUCTION OF RAILWAY STATION.

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

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ORDER

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The prayer in this petition is for a mandamus to direct the respondents to initiate acquisition proceedings and pay compensation along with all statutory benefits in respect of the land bearing Sy.No.110/A/2 measuring 1 acre 32 guntas of Karatagi village, which is stated to have been utilized by the respondents for construction of Railway station.

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It is the contention of the petitioner that though the notifications stated that the extent of 3 acres 36 guntas in Sy.No.110 was acquired, they had actually taken possession of the entire extent of 5 acres 28 guntas and therefore it would be necessary that they be paid compensation to the extent of 1 acre 32 guntas, which had been utilized without acquisition.

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WP No. 101350 of 2022

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In the light of the contention that the lands of the petitioner has been utilized by the respondents without acquisition, it would be appropriate to direct the petitioner and the respondents to undertake a joint measurement and if in the joint measurement, it is found that the lands are in excess of the extent mentioned in the notifications have been utilized, the respondents shall initiate immediate proceedings to determine the compensation and pay the same in accordance with the prevailing law.

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The entire exercise aforementioned shall be undertaken and completed within a period of three months from the date of receipt of copy of this order.

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Writ petition is disposed of.

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sd JUDGE

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KGK

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List No.: 1 Sl No.: 5

Sri. Chidanandappa S/O Urukundappa v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Sri. Chidanandappa S/O Urukundappa v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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