Dismissed

Ningappa Neelakanthappa Uppal v. the State of Karnataka

Karnataka HC7 Dec 2023WP/112487/2015

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a land acquisition consent award. The court held that a petitioner who accepted compensation without protest is estopped from claiming higher compensation based on similar cases, relying on a previous set of Writ Petitions.

What did the court decide?

Writ petition dismissed; petitioner estopped from seeking further compensation.

Ningappa Neelakanthappa Uppal Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC-D:14365 WP No. 112487 of 2015

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF DECEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 112487 OF 2015 (LA-RES)

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BETWEEN:

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NINGAPPA NEELKANTHAPPA UPPAL, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: BODANAYAKDINNI VILLAGE, TQ: DIST: BAGALKOT.

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…PETITIONER

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(BY SRI. LINGRAJ MARADI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, BAGALKOT.

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THE ADDITIONAL SPECIAL LAND ACQUISITION OFFICER, U.K.P NO:1, NAVANAGAR, BAGALKOT.

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THE EXECUTIVE ENGINEER, KBJNL, ALAMATTI, DIST: BAGALKOT.

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GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

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P.H. KENGAR, AGE: MAJOR, ADVOCATE, BAGALKOT CIVIL COURT, DIST: BAGALKOT.

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…RESPONDENTS (BY SRI. ASHOK KATTEMANI, AGA FOR R1-R3; R4-NOTICE DISPENSED WITH)

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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 CERTIORARI QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-D DATED 22-03-2014 PASSED BY THE DISTRICT LEGAL SERVICE AUTHORITY BAGALKOT (LOK ADALAT BAGALKOT) IN LAC.NO:84/2013; ISSUE WRIT IN THE NATURE OF MANDAMUS, DIRECTING RESPONDENT NO:1 TO 3 PASS AN AWARD IN TERMS OF THE AWARD VIDE ANNEXUREB AND B1 GRANTING A COMPENSATION OF RS.7,91,746 PER ACRE WITH ALL STATUTORY BENEFITS AS GRANTED IN LAC.NO: 124/2013 AND LAC.NO:2354/2014 DISPOSED OFF ON 02-05-2015.

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2 - NC: 2023:KHC-D:14365 WP No. 112487 of 2015

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The land of the petitioner was acquired and consent award was passed. The petitioner has received the compensation without any protest. Subsequently, on the ground that similarly situated land has been paid a higher compensation and the petitioner is entitled for higher compensation, the present writ petition is filed.

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In W.P.Nos.112447-112478/2015, this Court while examining a similar matter, came to the conclusion that, when the petitioner receives compensation under a consent award without any demur, he is estopped and precluded from seeking any further compensation.

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For the aforesaid reasons, writ petition is hereby

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dismissed.

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Sd/JUDGE

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gab ct-mck List No.: 1 Sl No.: 44

Ningappa Neelakanthappa Uppal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Ningappa Neelakanthappa Uppal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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