Court directed deposit of land acquisition compensation into an interest-earning bank scheme and impleaded rival claimants as defendants in the pending civil suit for final adjudication.
Directions for impleading rival claimants in civil suit and depositing compensation in an interest-earning bank scheme immediately.
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.
WP No. 4552 of 2021 C/W WP No. 33826 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 4552 OF 2021 (LA-KIADB) C/W WRIT PETITION NO. 33826 OF 2018(LA-KIADB)
IN W.P.NO. 4552/2021:
BETWEEN:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
SRI. SYED FAYAZ @ H BABU, S/O LATE SYED HUSSAIN,. AGED ABOUT 56 YEARS, R/AT NO.GF009, SAI SHRISTHI SOWPARNIKA PROJECTS, SILGATTA ROAD, NEAR GODREJ CHICKEN FACTORY, DASARATHALLI POST, HOSKOTE TALUK, BENGALURU-562 114. NOW R/AT SRI SYED FAYAZ @ H BABU, S/O LATE SYED HUSSAIN, AGED ABOUT 56 YEARS, R/AT FLAT NO.201, IST FLOOR, KITTHAGNUR MAIN ROAD, NEAR SAMUL PUBLIC SCHOOL, K R PURAM, BENGALURU-560 036. …PETITIONER
(BY SRI.SAGAR B B.,ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.R SRINIVASA GOWDA., AGA FOR R1; SRI.ASHOK N NAIK,ADVOCATE FOR R2 & R3; SRI.N N HARISH, ADVOCATE FOR R4; R6 SERVED AND UNREPRESENTED; V.C.O DATED 10.2.2023, NOTICE TO R7 IS H/S; V.C.O DATED 19.01.2023, NOTICE TO R5,R8,R9 & R10 ARE H/S)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE OBJECTIONS FILED BY THE PETITIONER VIDE ANNEXURE-C IN RESPECT OF LAND PROPERTY BEARING SY NO.73/1 (OLD SY NO.73) MEASURING 1 ACRES 20 GUNTAS, SITUATED AT VIJINAPURA VILLAGE, K.R.PURAM HOBLI BENGALURU EAST TALUK.
WP No. 4552 of 2021 C/W WP No. 33826 of 2018
IN W.P.NO.33826/2018:
BETWEEN:
SRI. SYED FAYAZ @ H BABU, S/O LATE SYED HUSSAIN,. AGED ABOUT 56 YEARS, R/AT NO.GF009, SAI SHRISTHI SOWPARNIKA PROJECTS, SILGATTA ROAD, NEAR GODREJ CHICKEN FACTORY, DASARATHALLI POST, HOSKOTE TALUK, BENGALURU-562 114.
…PETITIONER
(BY SRI.JANARDHANA G,ADVOCATE)
AND:
WP No. 4552 of 2021 C/W WP No. 33826 of 2018
ALL ARE RESIDING AT NO.115, VIJINAPURA, KORTHUR VILLAGE, DOORVANINAGAR, BENGALURU – 560 016. AMENDED V.C.O DATED 10.02.2023
…RESPONDENTS
(BY SRI.ASHOK N NAYAK,ADVOCATE FOR R1 & R2; SRI. BABU G N, ADVOCATE FOR R3-R5; SRI. KARUNAKAR P, ADVOCATE FOR R4 & R6; SRI. M SHIVAPRAKASH, ADVOCATE FOR R7 TO R13)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 AND 2 TO CONSIDER THE REQUEST OF THE PETITIONER TO RELEASE THE COMPENSATION IN TERMS OF THE CLAIM MADE BY HIM UNDER ANNEXURE-J DATED 06.01.2014 OR IN THE ALTERNATIVE REFER THE MATTER TO CIVIL COURT FOR ADJUDICATION OF THE RIVAL CLAIMANTS IN THE EVENT THE RESPONDENT NOS.3 TO 6 MAKING SUCH A CLAIM.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 4552 of 2021 C/W WP No. 33826 of 2018
ORDER
The subject matter of these two writ petitions relates to deferment of payment of compensation for the lands acquired, on the ground that there is inter se dispute as to the claim between khatedars and others. Certain
persons got impleaded themselves as additional respondents. There is no dispute that petitioner’s Civil Suit in O.S.No.9612/2006 seeking a decree of specific performance on the basis of an Agreement to Sell dated 03.02.2003 is still pending. The KIADB and the BMRCL through their Panel Advocates submit that the compensation amount has been deposited in LAC No.86/2019 which the right parties can seek release of on establishing their credentials before the jurisdictional court and therefore no blame can be laid at the threshold of their clients.
WP No. 4552 of 2021 C/W WP No. 33826 of 2018
(i) The private respondents herein on their making appropriate applications within six weeks shall be impleaded unopposed as additional defendants in the long pending suit in O.S.No.9612/2006.
(ii) The impleaded defendants shall within three weeks of impleadment may file their written statements, if any; all other parties to the suit may file their additional pleadings or seek leave to amend their pleadings within four weeks thereafter.
(iii) The compensation amount deposited in LAC No.86/2019 shall be put in an interest earning scheme of any nationalized bank immediately on production of a copy of this order.
(iv) No party shall seek any adjournment in the long pending suit on any ground whatsoever and that the said suit shall be tried & disposed off by the learned Judge within an outer limit of one year and compliance report shall be submitted to the Registrar General of this Court
immediately on such disposal. All contentions are kept
open.
Ordered accordingly and these writ petitions are
disposed off.
Sd/JUDGE
Snb/
1 issue framed by the court
Whether the deposit of compensation amount should be converted to an interest-earning scheme while inter se claims regarding land ownership are decided by the civil court.
1 provisions across 1 enactments
Syed Fayaz @ H Babu
State of Karnataka Department of Commerce and Industries
Karnataka Industrial Area Development Board
Special Land Acquisition Officer
Bangalore Metro Rail Corporation Ltd.
Syed Imran
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
