Allowed

The Special Land Acquisition Officer v. Sri Srinivasa M

Karnataka HC21 Jun 2023WA/18/2019

Case brief

AI extract

What is this about?

The Court allowed a Writ Appeal against a Single Judge order directing the Karnataka Housing Board to pay compensation and interest. The original order was set aside because a subsequent Reference Court judgment found the petitioners had no title to the acquired land, barring further claims.

What did the court decide?

The impugned order of the Single Judge directing payment of compensation and interest was set aside, and the Writ Appeal was allowed.

The Special Land Acquisition Officer Vs Sri Srinivasa M — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC:21376-DB WA No.18 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JUNE, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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WRIT APPEAL NO.18 OF 2019 (LA-KHB)

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BETWEEN:

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Digitally signed by RUPA V

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Location: High Court of Karnataka

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BENGALURU-560 009. REP. BY DAYANANDA BHANADRI.

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THE COMMISSIONER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BENGALURU-560 009 REP. BY G.N. SHIVAMURTHY.

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…APPELLANTS

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(BY SRI. S.A. AHMED, ADV.,)

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AND:

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SRI. SRINIVASA M S/O LATE MUNIYAPPA OCC:AGRICULTURIST R/AT NO.74, BHYALALU CHUNCHANAKUPPE POST TAVAREKERE HOBLI

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BENGALURU TALUK, BENGALURU-562 130. NOW PRESENTLY R/AT NO.76 4TH CROSS, MARUTHI NAGAR ITTAMADU MAIN ROAD BSK 3RD STAGE, BENGALURU-85 BENGALURU CITY.

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SMT. NARASAMMA D/O KEMPAIAH @ VATTAIAH

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- 2 - NC: 2023:KHC:21376-DB WA No.18 of 2019

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OCC:HOUSEHOLD AND AGRICULTURIST R/AT BHYALALU, CHUNCHANAKUPPE POST TAVAREKERE HOBLI, BENGALURU TALUK BENGALURU-562130 BENGALURU CITY.

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SMT. CHOTAMMA W/O LATE DODDANRASIAH OCC:HOUSEWIFE AND AGRICULTURIST R/AT NO.74, BHYALALU TAVAREKERE HOBLI, BENGALURU TALUK BENGALURU-562 130 BENGALURU CITY.

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SRI. SAMPATH S/O LATE KUMBINARASIAH OCC:AGRICULTURIST R/AT BHYALALU, TAVAREKERE HOBLI BENGALURU TALUK, BENGALURU-562 130 BENGALURU CITY.

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SMT. NARAYANAMMA W/O LATE PUTTAIAH @ CHIKKAKEMPAIAH OCC:AGRICULTURIST R/AT KAGGALIPURA COLONY AND POST UTTARAHALLI HOBLI KANAKAPURA MAIN ROAD BENGALURU SOUTH TALUK BENGALURU-560 082 BENGALURU CITY.

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THE STATE OF KARNATAKA BY ITS SECRETARY LAND ACQUISITION DEPARTMENT M.S.BUILDING, BENGALURU-560001.

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THE DEPUTY COMMISSIONER BENGALURU SOUTH TALUK BENGALURU-560053.

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…RESPONDENTS (BY SMT. SUKANYA H.D. ADV., FOR C/R1 TO R5 SRI. LAXMI NARAYANA, AGA FOR R6 & R7)

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3 - NC: 2023:KHC:21376-DB WA No.18 of 2019

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY HON'BLE SINGLE JUDGE IN WRIT PETITION NO.28119/2018 DATED 09/11/2018.

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Mr.S.A.Ahmed, learned counsel for the appellant.

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Smt.Sukanya H.D., learned counsel for the

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respondent.

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With consent of the learned counsel for the parties, the appeal is heard finally.

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This intra Court appeal has been filed against an order dated 09.11.2018 passed by the learned Single Judge by which writ petition preferred by the respondent Nos.1 to 5 has been disposed of with a direction to the Karnataka Housing Board (hereinafter referred to as 'the Board') to consider the claim of respondents for compensation within an outer limit of

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4 - NC: 2023:KHC:21376-DB WA No.18 of 2019

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eight weeks. It has further been directed that the Board shall be liable to pay interest at the rate of 24% p.a. on the delayed period during which the compensation remained unpaid subject to recovery of the amount from the concerned officials. It is not in dispute that the land belonging to respondents were acquired by the Board. It is also not in dispute that an award was passed on 02.09.2015 determining the compensation payable to respondents. However, it appears that there was a dispute with regard to the title in respect of the lands which were acquired.

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Respondent Nos.1 to 5 filed a writ petition

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directing the appellant to consider their grievance with regard to payment of compensation and to award interest for the period of delay in making payment of compensation. However, during the pendency of the writ petition, the Board on 25.10.2018, deposited the amount before the Civil Court. It appears that there

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NC: 2023:KHC:21376-DB WA No.18 of 2019

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was a dispute between the parties with regard to title of the land. It is not in dispute that the Reference Court subsequently vide judgment dated 20.06.2020 passed in LAC No.94/2018, has found that respondent Nos.1 to 5 have no title in respect of land measuring 2 acres in Sy.No.45/2 of Bhyalalu Village, Tavarekere Hobli, Bangalore Taluk. It is also not in dispute that against the aforesaid order, respondent Nos.1 to 5 have not preferred an appeal and the aforesaid order has attained finality. Therefore, on account of subsequent events which have taken place after the filing of the writ petition as well as this writ appeal, since the respondent Nos.1 to 5 do not have a title in respect of land acquired, they cannot claim compensation. Consequently, grant of interest to them also does not arise. Therefore, order passed by the learned Single

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NC: 2023:KHC:21376-DB WA No.18 of 2019

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Judge dated 09.11.2018 cannot be sustained in the eye

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of law. It is accordingly set aside.

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In the result, the appeal is allowed.

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Consequently, pending interlocutory applications

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are also disposed of.

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Sd/JUDGE

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Sd/JUDGE

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The Special Land Acquisition Officer v. Sri Srinivasa M

Case brief

What is this about?

What did the court decide?

The Special Land Acquisition Officer v. Sri Srinivasa M

Case brief

What is this about?

What did the court decide?

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