Disposed

Gangalakshmamma v. the Special Land Acquisition Officer

Karnataka HC6 Apr 2022WP/56207/2018

Case brief

AI extract

What is this about?

Writ petition concerning land acquisition compensation disposed of due to prayer based on memo stating death of first petitioner and deposit of compensation before Reference Court. Disposal granted with liberty to second petitioner for further remedy. Minor exceptions in law subject.

What did the court decide?

Petition disposed of with liberty to second petitioner/legal representatives to workout remedies before Reference Court regarding compensation deposited.

Gangalakshmamma Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 06^TH DAY OF APRIL 2022

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.56207/2018 (LA-KHB)

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BETWEEN :

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GANGALAKSHMAMMA W/O. LATE CHIKKAHANUMANTHAIAH @ HANUMANTHAIAH, AGED ABOUT 69 YEARS, R/O. BYALALU VILLAGE, CHUNCHANAKUPPE POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 562 130.

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SRI. NARASIMHAMURTHY. H S/O. CHIKKAHANUMANTHAIAH, AGED ABOUT 42 YEARS, R/O. BYALALU VILLAGE, CHUNCHANAKUPPE POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 562 130.

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LAKSHMINARASAMMA D/O. LATE CHIKKAHANUMANTHAIAH @ HANUMANTHAIAH, AGED ABOUT 52 YEARS, #17, 5^TH CROSS, DAYANANDANAGARA, SRIRAMAPURAM, BENGALURU - 560 021.

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MANJUNATH S/O. LATE CHIKKAHANUMANTHAIAH @ HANUMANTHAIAH, AGED ABOUT 35 YEARS, R/O. BYALALU VILLAGE, CHUNCHANAKUPPE POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 562 130.

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... PETITIONERS

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(BY SRI. P MAHESHA., ADVOCATE)

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AND :

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BENGALURU – 560 001.

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THE COMMISSIONER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BENGALURU – 560 001.

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... RESPONDENTS

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(BY SMT. PUSHPA KANTHA, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO RELEASE THE COMPENSATION AMOUNT TO THE PETITIONER, AWARD NOTICE BEARING NO. SAM:KAGURMAM/BHUSWAVVI/05/2012-13 DATED 16.01.2016 AT ANNEXURE-B AND TO DIRECT R-1 TO REFER THE MATTER AS EARLIER AS POSSIBLE FOR ENHANCEMENT OF COMPENSATION DETERMINED BY I ADDL. DISTRICT JUDGE, BENGALURU AS JUST AND REASONABLE COMPENSATION AND DOUBLE OF THE MARKET VALUE WITH STATUTORY BENEFITS LIKE I.E., 100% SOLITUM AND 12% ADDITIONAL MARKET VALUE, 15% INTEREST AS PER NEW LAW VIDE ANNEXURE-C.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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A memo for withdrawal is filed on 17.03.2022. It

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is stated in the memo that the first petitioner has died and because the respondents have deposited the compensation amount payable in terms of the Award with the Reference Court, the petition be disposed of with liberty to the second petitioner/legal representatives of the first petitioner to workout their remedies before the Reference Court.

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Sri P.Mahesha, learned counsel for the petitioners, seeks for disposal of the writ petition relying on this memo.

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The writ petition stands disposed of with liberty to the second petitioner/legal representatives of the first petitioner to workout their remedies insofar as the

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compensation in deposit before the Reference Court

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subject to all just exceptions in law.

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Sd/JUDGE

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SA/Ct:sr

Gangalakshmamma v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Gangalakshmamma 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

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