Petitioners challenged non-payment of enhancement of land acquisition compensation. Court held representation as an application under Section 28(A) and directed referral to jurisdictional civil court.
Representation dated 23.09.2021 treated as application under Section 28(A) of KLA Act 1894 and matter referred to jurisdictional Civil Court.
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.
WP No. 3145 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 3145 OF 2022 (LA-RES)
BETWEEN:
AGED ABOUT 66 YEARS
D/O LATE LAKKUR ABBIAH
W/O SRINIVAS REDDY
RESIDING AT NO 243
KYASAMBALLI VILLAGE AND POST VIA URAGAMPET SO KGF 563122
AGED ABOUT 62 YEARS,
D/O LATE LAKKURABBAIAH
W/O KRISHNA REDDY RESIDING AT N CHAMAKANAHALLI VILLAGE
NANGALI POST MULBAGILU TALUK KOLAR DISTRICT 563132
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SMT. AKSHATHA SHETTY K., ADVOCATE)
AND:
VIDHANA SOUDHA
AMBEDKAR VEEDHI
WP No. 3145 of 2022
BENGALURU 56000
REPRESENTED BY ITS PRINCIPAL SECRETARY
…RESPONDENTS
(BY SRI B.V.KRISHNA, AGA FOR R1 & R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO AWARD THE COMPENSATION AMOUNT TO THE PROPERTY ACQUIRED AS PER PREVAILING MARKET VALUE AND RELEASE THE 1/6TH EACH SHARE IN FVOUR OF THE PETITIONER.
THIS WP COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
a) Issue a Writ in the nature of Mandamus or any other appropriate Writ to direct the 2nd respondent to award the compensation amount to the property acuqired, as per prevailing market value as per annexure-G and release the 1/6th each share in favour of the petitioner.
b) Issue any other Writ or Order or Direction as this Hon'ble Court may deem fit to grant in the circumstances of the case together with cost in the interest of justice and equity.
WP No. 3145 of 2022
WP No. 3145 of 2022
ORDER
KTY
Sd/JUDGE
2 issues framed by the court
Whether a representation seeking enhanced compensation under Land Acquisition Act should be treated as an application for referral to jurisdictional court.
Whether the authority can reject such a mere representation due to non-mention of the specific section.
2 provisions across 2 enactments
Smt. A Jayalakshmamma
Smt. Shyamalamma
State of Karnataka
Special Land Acquisition Officer Vishweshwaraiah Gopura
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
