Disposed

Sri a M Sharath Chandra v. the Principal Secretary

Karnataka HC9 Feb 2023WP/24234/2022

Case brief

AI extract

What is this about?

Petitioner sought to quash preliminary land acquisition notification alleging lapsed proceedings. Court held petitioner lacked locus standi as he bought land post-notification but disposed petition reserving liberty to challenge award or claim compensation enhancement.

What did the court decide?

Petition disposed off reserving liberty to challenge the award or seek enhancement of compensation.

Sri a M Sharath Chandra Vs the Principal Secretary — Land Acquisition | Karnataka HC (2023)

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WP No. 24234 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 24234 OF 2022 (LA-KIADB)

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BETWEEN:

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SRI. A M SHARATH CHANDRA, S/O MUNIVENKATA GOWDA, AGED ABOUT 60 YEARS, RESIDING AT NO.P2, ALANGUR GROVE, 23^RD MAIN, 16^TH CROSS ROAD, 5^TH PHASE, J.P.NAGAR, BENGALURU-560 078.

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...PETITIONER

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(BY SRI.S KALYAN BASAVARAJ, ADVOCATE)

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AND:

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Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA

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THE PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, GOVERNMENT OF KARNATAKA, VIKAS SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560 001.

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THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 1^ST FLOOR, MAHARSHI ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,

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1^ST FLOOR, MAHARSHI ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001.

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WP No. 24234 of 2022

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M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED A COMPANY INCORPORATED UNDER THE COMPANY S ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT MIDFORD HOUSE, MIDFORD GARDEN, M.G.ROAD, BENGALURU-560 001. REP. BY ITS AUTHORIZED SIGNATORY, SRI.D.RAVISANKAR.

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… RESPONDENTS

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(BY MISS.SRUTI CHAGANTI, SPL COUNSEL FOR R1; SRI.ASHOK N NAYAK, ADVOCATE FOR R2 & R3; SRI. NITIN PRASAD, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION BEARING NO.CI 196 SPQ 98 DATED 02.06.1999 ISSUED BY THE R1 PRODUCED AT ANNEXURE-A S THE ENTIRE PROCEEDINGS STANDS LAPSED BY EFFLUX OF TIME AND ETC.,

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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Learned Sr. Panel Counsel appearing for the KIADB submits and this Court agrees that the petitioner does not have locus standi to lay a challenge to the acquisition as such, he having bought the subject land post Preliminary Notification. However, Petitioner will not have any right to challenge the acquisition, as such need not be stated in

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so many words.

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WP No. 24234 of 2022

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Learned counsel for the petitioner having argued

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the matter for some time now submits that the award having been passed, liberty may be reserved to his clients to lay a challenge thereto or to seek enhancement of the compensation in accordance with law and matter be accordingly disposed off.

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In view of the above, this writ petition is disposed off

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reserving liberty to the petitioner to lay a challenge to the award or for seeking enhancement of the compensation.

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No costs.

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Sd/JUDGE

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SNB

Sri a M Sharath Chandra v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Sri a M Sharath Chandra v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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