Disposed

Lokesh K G v. the State of Karnataka

Karnataka HC15 Feb 2023WP/3518/2023

Case brief

AI extract

What is this about?

This single judge order disposes a writ petition challenging a General Award under the Karnataka Land Acquisition Act. The court grants the petitioners a representation right to seek enhanced benefits under Section 29(2) of the Act, aligning the decision with a recently disposed similar writ petition.

What did the court decide?

The petitioners are permitted to file a representation seeking enhanced benefit under Section 29(2) of the 1966 Act or claim developed land as per Government Notification.

Lokesh K G Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 3518 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^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. 3518 OF 2023 (LA-KIADB)

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BETWEEN:

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LOKESH K G S/O GOVINDEGOWDA, AGED ABOUT 50 YEARS

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PRAKSAH K G S/O GOVINDEGOWDA, AGED ABOUT 45 YEARS,

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BOTH ARE R/AT CHEELURU VILLAGE, MARALAWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA 562 112.

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…PETITIONERS

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(BY SRI. SHARAN N MAJAGE.,ADVOCATE)

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

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY,

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DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE 560 001.

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KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REP BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001.

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THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS

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WP No. 3518 of 2023

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DEVELOPMENT BOARD,

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NO.39, BHARATH SCOUTS AND GUIDES BUILDING, 4^TH FLOOR, PALACE ROAD, BANGALORE - 560 001.

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…RESPONDENTS

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(BY SRI.R SRINIVASA GOWDA., AGA FOR R1; SRI. H L PRADEEP KUMAR.,ADVOCATE FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE GENERAL AWARD BEARING NO.KIADB/LAQ/2013.14 DATED 30.12.2013 PASSED BY THE R3 IN RESPECT OF LAND TO AN EXTENT OF SY.NO.207/1 MEASURING 1 ACRE SITUATED AT CHEELURU VILLAGE, MARALWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DIST, IN SO FAR AS THE PETITIONERS ARE CONCERNED, WHICH ARE PRODUCED AS ANENXURE-H AND ETC.,

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

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ORDER

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The subject matter of this Writ Petition is substantially similar to the one in W.P.No.21379/2022 between SRI.SALAGIRIGOWDA AND OTHERS VS. STATE OF KARNATAKA AND OTHERS , disposed off on 31.12.2023, wherein paragraph 3 reads as under:

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“3. Having heard the learned counsel for the parties and having perused the Petition papers, this Court is although broadly in agreement with the submission of learned Panel Counsel appearing for the KIADB, permits the petitioner to file a representation seeking enhanced benefit in terms of Section 29(2) of the 1966 Act, provided that in similar cases such a benefit has been accorded by

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WP No. 3518 of 2023

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the KIADB even when the case fell in the General Award category.

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If such a representation is made, KIADB would consider the same in accordance with law and within a period of three months.

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It is open to the Petitioner to lay a claim for the developed portion of the land in terms of Government Notification dated 23.02.2021 in lieu of compensation as per Annexure-H to the Petition.”

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The Division Bench of this Court in W.A.Nos.932-

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933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974, has held that the Court should treat like-cases alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigant as well, there being no derogatory circumstances.

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In view of the above, Writ Petition is disposed off, according the same relief as has been granted to the litigants in the cognate Writ Petition mutatis mutandis .

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Sd/JUDGE

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CBC

Lokesh K G v. the State of Karnataka

Case brief

What is this about?

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Lokesh K G v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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