Petitioner challenged a land acquisition consent award, claiming entitlement to higher compensation paid to similarly situated land. Court dismissed writ for accepting compensation without protest.
Writ petition dismissed on grounds of estoppel after accepting consent award.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:14368 WP No. 112490 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 112490 OF 2015 (LA-RES)
BETWEEN:
GIRIYAPPA MALLAPPA MAGI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: BODANAYAKDINNI VILLAGE, TQ: DIST: BAGALKOT.
…PETITIONER
(BY SRI. LINGARAJ MARADI, ADVOCATE)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
AGE: MAJOR, ADVOCATE, BAGALKOT CIVIL COURT, DIST: BAGALKOT.
(BY SRI. ASHOK KATTEMANI, AGA FOR R1-R3; R4-NOTICE DISPENSED WITH)
…RESPONDENTS
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:85/2013; 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.
- 2 - NC: 2023:KHC-D:14368 WP No. 112490 of 2015
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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.
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.
For the aforesaid reasons, writ petition is hereby dismissed.
Sd/JUDGE
gab/ct-mck List No.: 1 Sl No.: 45
2 issues framed by the court
Whether a petitioner who accepted a consent award for land acquisition without protest can seek higher compensation on the ground of disparity with similarly situated land.
Whether the principle of estoppel applies when a person receives compensation under a consent award without raising any demur.
Colour shows how this judgement treated each authority
W.P.Nos.112447-112478/2015Distinguished¶23
1 provisions across 1 enactments
Giriappa Mallappa Magi
The State of Karnataka, represented by Deputy Commissioner, Bagalkot
The Additional Special Land Acquisition Officer
The Executive Engineer, KBJNL, Alamatti
Giriya A Byahatti
P.H. Kengar
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
