Disposed

Sri M Manjunath v. the State of Karnataka

Karnataka HC2 Mar 2023WP/4807/2023

Case brief

AI extract

What is this about?

In this writ petition under Articles 226 and 227 of the Constitution of India, the Karnataka High Court addressed the petitioner's grievance regarding the non-consideration of an application for enhanced compensation under Section 28A of the Land Acquisition Act, 1894. The court disposed of the petition after the respondent agreed to examine the application within eight weeks.

What did the court decide?

Direction to the authorities to look into the petitioner's application filed under Section 28A within eight weeks.

Sri M Manjunath Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 4807 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF MARCH, 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. 4807 OF 2023 (LA-RES)

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BETWEEN:

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SRI. M MANJUNATH, S/O J MUNIBYRAIAH, AGED ABOUT 57 YEARS, NO. 106, II STAGE HBCS, SATYANARAYANA LAYOUT, 3^RD CROSS, 4^TH MAIN, BEHIND JAYADURGA KALYANA MANTAPA, MAHALAKSHMIPURA, BANGALORE – 560 086.

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…PETITIONER

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(BY SRI. CHANDRASHEKAR SWAMY K B.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, AMBEDKAR VEEDI, BANGALORE – 560 001. REP BY ITS PRINCIPAL SECRETARY.

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THE SPECIAL LAND ACQUISITION OFFICER AND ESTATE OFFICER, NH-4, K.R.CIRCLE, BANGALORE – 560 001.

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THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY, NO.4, PWD BUILDING,K.R.CIRCLE, BANGALORE – 560 001.

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WP No. 4807 of 2023

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THE PROJECT DIRECTOR AND DEPUTY GENERAL MANAGER, NATIONAL HIGHWAY AUTHORITIES OF INDIA, MSR ENCLAVE, DASARAHALLI, BANGALORE – 560 073.

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…RESPONDENTS

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(BY SRI.R SRINIVASA GOWDA.,AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPLICATION DATED 17/08/2022 FILED UNDER SEC 28A OF THE LAND ACQUISITION ACT BEFORE THE R-2 VIDE ANNEXURE-C.

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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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Petitioner is grieving before the Writ Court against

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non-consideration of his Application dated 17.08.2022 (Annexure-C) filed under Section 28A of the erstwhile Land Acquisition Act, 1894 on the ground that enhanced compensation needs to be granted to him as the acquisition of his land is also covered under the very same Notification issued under Section 18 reference.

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On request, learned AGA appears for the Respondents and opposes the Writ Petition contending that the Application of the kind cannot be mindlessly made merely because the land is comprised in the very same

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WP No. 4807 of 2023

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Notification regard being had to its nature. Having so contended, he now fairly agrees to instruct his clients to look into the grievance of the Petitioner as has been aired by him in his subject Application in accordance with law

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and in a time bound manner. This is really appreciable.

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In view of the above, the Writ Petition is disposed off

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costs having been made easy.

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Time for compliance is eight weeks.

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All contentions are kept open.

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Sd/JUDGE

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Bsv

Sri M Manjunath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri M Manjunath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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