Dismissed

Neelappa S/O Siddappa Hadapad v. the State of Karnataka

Karnataka HC21 Nov 2023WP/100069/2022

Case brief

AI extract

What is this about?

Petitioners challenged the compensation for property acquired for road widening under Articles 226 and 227 of the Constitution. The court held that dissatisfaction with compensation necessitates seeking enhancement through the competent jurisdiction, making a writ intervention inappropriate for this matter.

What did the court decide?

The writ petition was dismissed as the proper remedy is to seek enhancement of compensation through the court of competent jurisdiction.

Neelappa S/O Siddappa Hadapad Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC-D:13582 WP No. 100069 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 100069 OF 2022 (LA-RES)

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BETWEEN:

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NEELAPPA S/O SIDDAPPA HADAPAD AGED ABOUT 51 YEARS, OCC. BUSINESS, R/O. SIDDAGANGA NAGAR, SAINAGAR UNKAL HUBBALLI, DHARWAD DISTRICT.

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GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

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NINGAPPA S/O SIDDAPPA HADAPAD AGE. 47 YEARS, OCC. SERVICE, R/O. SIDDAGANGA NAGAR, SAINAGAR UNKAL HUBBALLI, DHARWAD DISTRICT.

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(BY SRI.S.G.KADADAKATTI & SRI.LINGESH KATTEMANE, ADVS.)

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…PETITIONERS

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AND:

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THE STATE OF KARNATAKA PWD, PORT AND INLAND WATER TRANSPORT DEPARTMENT, M S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560001, BY ITS SECRETARY.

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2 - NC: 2023:KHC-D:13582 WP No. 100069 of 2022

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THE COMMISSIONER DIRECTORATE OF URBAN ROAD TRANSPORT, BENGALURU 560001

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THE DEPUTY COMMISSIONER DHARWAD 580001

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD TRANSPORT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, P B ROAD, RAYAPUR, DHARWAD 09

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…RESPONDENTS

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(BY SRI. ASHOK KATTEMANI, ADV. FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENTS TO RE-DETERMINE THE COMPENSATION TO THE PETITIONERS PROPERTY AT THE RATE OF RS.6250/- PER SQ.FT., AND PAY COMPENSATION AMOUNT TO THE PETITIONERS ACQUIRED PROPERTIES BEARING CTS NO.3473 AND 3475 OF UNKAL HUBBALLI WITH ALL STATUTORY BENEFITS IN ENDS OF JUSTICE.

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

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3 - NC: 2023:KHC-D:13582 WP No. 100069 of 2022

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ORDER

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The case of the petitioner is that he is the owner of shops situated in CTS Nos.3473 and 3475. The said shops were acquired for road widening. As just amount was not awarded as compensation according to the petitioner, he made a representation to respondent No.4 to fix compensation at Rs.6,250/- per square feet. As there is no response from the respondent No.4 in this regard, the present writ petition is filed.

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When the petitioner is not satisfied with the compensation awarded, he has to seek enhancement of the same in the manner known to law by approaching the Court of competent jurisdiction. The question of issuing directions to the authorities, directing them to consider the request of the petitioner does not arise.

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For the said reason, the writ petition is hereby dismissed.

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Sd/JUDGE

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RSH

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LIST NO.: 1 SL NO.: 21

Neelappa S/O Siddappa Hadapad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Neelappa S/O Siddappa Hadapad 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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