Allowed

Sri. Yallappa S/O Ramachandrappa Tadas v. the Special Land Acquisition Officer

Karnataka HC24 Mar 2023WP/105421/2018

Case brief

AI extract

What is this about?

This court allowed a writ petition seeking quashing of an order by the Reference Court. Relying on a co-ordinate bench judgment, the court held that the Land Acquisition Act, 2013 does not supersede the Karnataka State Highways Act, 1964. Consequently, the order was quashed and the matter remitted.

What did the court decide?

The writ petition is allowed. The impugned order is quashed. The matter is remitted to the Reference Court to decide the claim in light of the judgment rendered by the co-ordinate bench.

Sri. Yallappa S/O Ramachandrappa Tadas Vs the Special… — Land Acquisition | Karnataka HC (2023)

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WP No. 105421 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 105421 OF 2018 (LA-RES)

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BETWEEN:

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SRI. YALLAPPA S/O RAMACHANDRAPPA TADAS AGE: 88 YEARS, OCC: NIL, R/O: HOSA ONI, HOSAYALLAPUR, DHARWAD, R/BY HIS GPA HOLDER, SRI.RAJGOUTAM S/O MANOHAR JAKKANNAVAR, AGE: 32 YEARS, OCC: SERVICE, R/O DUNDI ONI, HOSAYALLAPUR, DHARWAD-580001.

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…PETITIONER

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Date: 2023.03.28 10:44:10 +0530

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(BY SRI. SHIVASAI M PATIL, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER K.R.D.C.L. 1^ST FLOOR, KSFC BUILDING, PB ROAD, RAYAPUR, DHARWAD-580009.

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THE MANAGING DIRECTOR KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., (KRDCL) RAYAPUR, DHARWAD-580009.

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WP No. 105421 of 2018

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THE EXECUTIVE ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., (KRDCL) NEAR NEW KSRTC BUS STAND, GOKUL ROAD, HUBBALLI-580030.

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THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., (KRDCL), #16, G MILLER TANK BED AREA, THIMMAYYA ROAD CROSS, BENGALURU-560051.

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THE GOVERNMENT OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, VIKAS SOUDHA, BENGALURU-1.

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…RESPONDENTS

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(BY SRI. C V ANGADI, ADV., FOR R1-R4; SRI. PRASHANT V MOGALI, HCGP FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:13.09.2017 PASSED BY II ADDITIONAL SENIOR CIVIL JUDGE DHARWAD IN L.A.C.NO.5/2017 MARKED AT ANNEXURE-C AND CONSEQUENTLY THE L.A.Q/CR/NO.77/2016 MARKED AT ANNEXURE-B BE ORDERED TO BE HEARD IN ACCORDANCE WITH LAW.

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

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3 - WP No. 105421 of 2018

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ORDER

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The captioned writ petition is filed by the claimant seeking writ of certiorari to quash the order dated 13.09.2017.

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The claim of the petitioner is that the lands were acquired under the provisions of Karnataka State Highways Act, 1964 and award was passed in terms of Section 28 of the said Act and therefore the petitioner claimed that he is entitled to invoke Section 35 of the Karnataka State Highways Act, 1964, which provides for reference to Civil Court for enhancement of compensation.

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This controversy as to whether the claim of the petitioner is governed under the provisions of the Karnataka State Highways Act, 1964 or under Section 103 of the Right to Fair and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act of 2013’) is put to rest by the Co-ordinate Bench of this Court in batch of petitions (W.P.No.102857/2018 and connected matters). The Co-ordinate Bench of this Court was

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WP No. 105421 of 2018

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of the view that the provisions of the Act of 2013 will not supersede acquisition proceedings under the Karnataka State Highways Act, 1964 and therefore, Reference Court was directed to revive the reference proceedings and deal with the matter in an expeditious manner. The ratio laid down in the judgment of the Co-ordinate Bench of this Court is squarely applicable to the present case on hand.

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In the light of what was held in the batch of petitions by the Co-ordinate Bench of this Court, the impugned order passed by the Reference Court in LAC No.5/2017 is not sustainable and same is liable to be quashed. For the foregoing reasons, I pass the following:

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ORDER

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i) The writ petition stands allowed .

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ii) The matter stands remitted back to the Reference Court to decide the claim of the petitioner in the light of the judgment rendered by the Co-ordinate Bench of this Court in batch of petitions.

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iii) All contentions are kept open.

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WP No. 105421 of 2018

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iv) In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

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SD/JUDGE

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YAN, List No.: 1 Sl No.: 49

Sri. Yallappa S/O Ramachandrappa Tadas v. the Special Land Acquisition Officer

Case brief

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Sri. Yallappa S/O Ramachandrappa Tadas v. the Special Land Acquisition Officer

Case brief

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