Disposed

Smt. Eeramma v. the State of Karnataka

Karnataka HC29 Nov 2022WP/21718/2022

Case brief

AI extract

What is this about?

In a PIL filed by a 78-year-old near remained land issue was raised. Court directed two respondents to address the petitioner's grievance and pass appropriate orders under law within eight weeks based on similar relief granted in other proceedings.

What did the court decide?

Petition disposed of; respondents directed to address grievance and pass appropriate orders within eight weeks.

Smt. Eeramma Vs the State of Karnataka — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 29^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.21718 OF 2022 (LA-KIADB)

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BETWEEN:

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SMT. EERAMMA W/O LATE RAMAPPA AGED 78 YEARS R/AT B.K. PALYA VILLAGE, JALA HOBLI, YELAHANKA TALUK, BENGALURU DISTRICT.

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...PETITIONER

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(BY SMT. SUMANGALA A. SWAMY, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING DR. AMBEDKAR ROAD, BENGALURU 560 001

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2 . THE CHIEF EXECUTIVE OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD #49, KHANIJA BHAVAN V FLOOR, EAST WING RACE COURSE ROAD, BENGALURU 560001

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3 . SPECIAL LAND ACQUISITION OFFICER-II SCOUTS AND GUIDES BUILDING MAHARANI COLLEGE ROAD, 4^TH FLOOR, EAST WING RACE COURSE ROAD, BENGALURU 560 001.

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4 . THE SPECIAL DEPUTY COMMISSIONER BENGALURU NORTH SUB-DIVISION BENGALURU DISTRICT 560 001.

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5 . THE TAHSILDAR BENGALURU NORTH (ADDL) TALUK YELAHANKA BENGALURU 560 064.

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…RESPONDENTS

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(BY SRI. K.R. NITHYANANDA, AGA FOR R-1, R-4 & R-5; SRI. C. CHANNEGOWDA, ADVOCATE FOR R-2 & R-3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO PAY THE INTEREST TO THE PETITIONER AT THE RATE OF 9 PERCENT ON THE COMPENSATION AMOUNT OF RS.2,48,00,000/- PAID TOWARDS ACQUISITION OF THE LAND 4 ACRES SITUATED IN SY.NO.7, SITUATED AT BK PALYA VILLAGE, JALA HOBLI, BANGALORE NORTH (ADDL) TALUKA FROM THE DATE OF POSSESSION TILL DATE OF PAYMENT.

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THIS W.P. COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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In this petition, petitioner has sought for the following reliefs:

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a) Direct the respondent No.2 and 3 to pay the interest to the petitioner at the rate of 9% on the compensation amount of Rs.2,48,00,000/- paid towards acquisition of the land 4 acres situated in Sy.No.7, situated at B.K.Palya Village, Jala Hobli, Bangalore North (Addl) Taluka from the date of taking possession to till date of payment in the interest of justice.

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b) Pass any such other and further order as deemed fit in the said circumstances of the case in the interest of justice and equity.

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2. Heard learned counsel for the petitioner and

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learned counsel for the respondents and perused the material on record.

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The material on record discloses that the petitioner had approached this Court in W.P.Nos.5152451525/2017, pursuant to which the entire claim of the petitioner was not satisfied by the respondents and as such, the petitioner is before this Court by way of the present petition relying upon the decisions of this Court in respect of nearby lands, wherein the amounts have already been disbursed in favour of the successful parties in the said proceedings, one of which is produced as Annexure – G, W.P.No.46860/2018 (D.D.12.04.2022) and W.A.No.596/2022 (D.D.12.09.2022) to the petition. It is therefore contended that by virtue of the doctrine of parity, petitioner would be entitled to similar relief in the present petition also.

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Per contra, learned counsel for respondent Nos.2 and 3 submits that if reasonable time is granted, respondent Nos.2 and 3 would address the grievance of

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the petitioner and take appropriate decision / pass appropriate orders in accordance with law.

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In view of the aforesaid facts and

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circumstances and submissions made by learned counsel for respondent Nos.2 and 3, I deem it just and appropriate to dispose of this petition, directing respondent Nos.2 and 3 to address the grievance of the petitioner and pass appropriate orders / take appropriate decision in accordance with law bearing in mind the material on record produced and judgment of this Court vide Annexure – G within a period of eight weeks from the date of receipt of a copy of this order.

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Subject to the aforesaid directions, petition stands

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disposed of.

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Sd/JUDGE

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Smt. Eeramma v. the State of Karnataka

Case brief

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Smt. Eeramma v. the State of Karnataka

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