Disposed

Sri Shivanna v. the State of Karnataka

Karnataka HC15 Jul 2022WP/37677/2016

Case brief

AI extract

What is this about?

This writ petition under Articles 226 and 227 sought to quash the general award dated 23.12.2013 regarding land acquired under the Land Acquisition Act and directed the Special Land Acquisition Officer to pass an individual award and pay compensation. The court noted that civil suits regarding the land are still pending and reserved liberty to the petitioner to approach the court after those suits

What did the court decide?

Liberty granted to approach the court after resolution of pending civil suits; petition disposed of without allowing the prayer.

Sri Shivanna Vs the State of Karnataka — Land Acquisition | Karnataka HC (2022)

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WP No. 37677 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2022 BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 37677 OF 2016 (LA-KIADB)

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BETWEEN:

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SRI SHIVANNA S/O LATE NARASEGOWDA AGED 60 YEARS R/O BATSANDRA VILLAGE, KORA HOBLI, TUMKURU TQ. & DISTRICT

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SRI. R. NAGARAJ S/O RAMAIAH AGED 40 YEARS, R/O ARALUMALLIGE, TQ: DODDABALLAPURA, BENGLAURU RURAL DISTRICT.

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…PETITIONERS

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(BY SRI. M B CHANDRACHOODA., ADVOCATE)

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AND:

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT, INDUSTRIES & COMMERCE DEPARTMENT, M.S. BUILDINGS, DR. AMBEDKAWR VEEDHI, BENGALURU-560 001.

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, NO.14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BENGALURU-560 001.

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WP No. 37677 of 2016

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THE SPECIAL LAND ACQUIISITION OFFICER KIADB, NO.4/1, ARAVINDA BHAVANA, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001.

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THE SPECIAL LAND ACQUIISITION OFFICER KIADB, MARUTHI TOWER, 1ST FLOOR, B.H. ROAD, NEAR SIT MAIN GATE, TUMKUR-572105.

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…RESPONDENTS (BY SRI. NITHYANANDA K.R., AGA FOR R-1, SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DATED 23.12.2013 BEARING NO.3 IN SO FAR IT RELATES TO THE LAND BEARING SY.NO.11, MEASURING 2 ACRES 10 GUNTAS, SITUATED AT BATSANDRA VILLAGE, KORA HOBLI, TUMKUR TALUK & DISTRICT, BELONGS TO THE PETITIONER NO.1 & 2 ACRES 09 GUNTAS IN SY.NO.11 OF BATSANDRA VILLAGE, KORA HOBLI, TUMAKURU TALUK & DISTRICT BELONGS TO PETITIONER NO.2 VIDE ANNEX-E;

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THIS WRIT PETITION COMING ON FOR FINAL HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING :

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ORDER

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The petitioner has filed this petition seeking for the following reliefs :

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a) Quash the general award dated 23.12.2013 bearing no.3 in so far it relates to the land bearing Sy.No.11, measuring 2 acres 10 guntas, situated at Batsandra Village, Kora Hobli, Tumkur Taluk & District, belongs to the petitioner no.1 & 2 acres 09 guntas in Sy.No.11 of Batsandra Village, Kora Hobli, Tumakuru Taluk & District belongs to petitioner no.2 vide Annex-E;

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WP No. 37677 of 2016

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b) Direct R-3 & R4 to pass individual award as per Section 29(2) of the Act and to pay the compensation.

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c) Grant an interim order to stay all further proceedings in pursuance of the general award dated 23.12.2013 issued by R-3 in so far it relates land bearing Sy.No.11, measuring 2 acres 10 guntas, situated at Batsandra Village, Kora Hobli, Tumkur Taluk & District, belongs to the petitioner no.1 & 2 acres 09 guntas in Sy.No.11 of Batsandra Village, Kora Hobli, Tumakuru Taluk & District belongs to petitioner no.2 vide Annex-E, during the pendency of the above writ petition..

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On enquiry, it is submitted that the suit in O.S. No.615/2010 and O.S.No.1042/2011 are still pending.

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Reserving liberty to the petitioner to approach this court after resolution of the said suit, the petition stands disposed of.

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Sd/JUDGE

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SNC

Sri Shivanna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Shivanna v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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