Allowed

Karnataka Road Development Corporation Ltd. v. Rangegowda

Karnataka HC24 Jan 2023WP/5627/2022

Case brief

AI extract

What is this about?

The court held in similar matters that if the acquisition beneficiary is not a necessary party, compensation cannot be enhanced. Applying this principle to five cross-filed writ petitions, the court quashed impugned judgments and awards and remitted matters to Reference Courts for fresh consideration within six months.

What did the court decide?

Writ of Certiorari issues quashing impugned judgment and awards; matter remitted to Reference Court for fresh adjudication.

Karnataka Road Development Corporation Ltd. Vs Rangegowda — Land Acquisition | Karnataka HC (2023)

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WP No. 5546 of 2022

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C/W WP Nos. 20690/2021, 5545/2022, 5627/2022, 5737/2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF JANUARY, 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. 5546/2022 (LA-RES)

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C/W

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WRIT PETITION NOS. 20690/2021, 5545/2022,

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5627/2022, 5737/2022 (LA-RES)

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IN W.P.NO.5546/2022:

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BETWEEN:

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KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 3^RD FLOOR, SAMPARKA SOUDHA, OPP ORION MALL RAJAJI NAGAR, BENGALURU-560 010. REPRESENTED BY ITS EXECUTIVE ENGINEER MR P M HEMANTH KUMAR.

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…PETITIONER

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(BY SRI.ADITYA JOSSEN, ADVOCATE FOR SRI. MANU K.,ADVOCATE)

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AND:

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DYAVAIAH, S/O LATE BUTHAIAH, R/O KOMMANAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK.

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

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WP No. 5546 of 2022

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C/W WP Nos. 20690/2021, 5545/2022, 5627/2022, 5737/2022

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DEPUTY COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER HASSAN SUB DIVISION, HASSAN

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…RESPONDENTS

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(BY SRI. ASHOK N PATIL.,ADVOCATE FOR R1; SRI. R SRINIVASA GOWDA, AGA FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE JUDGEMENT VIDE ANNX-A DTD 04.11.2016 AND AWARD VIDE ANNX-B DTD 16.11.2016 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, HASSAN IN LAC.NO.1/2016 AND REMAND THE MATTER FOR FRESH ADJUDICATION WITH DIRECTION TO THE RESPONDENTS TO ARRAY THE PETITIONER HEREIN AS AN OPPONENT IN THE SAID PROCEEDINGS.

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IN W.P.NO.20690/2021:

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BETWEEN :

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KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 3^RD FLOOR, SAMPARKA SOUDHA, OPP ORION MALL RAJAJI NAGAR, BENGALURU-560 010. REPRESENTED BY ITS EXECUTIVE ENGINEER MR P M HEMANTH KUMAR.

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…PETITIONER

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(BY SRI.ADITYA JOSSEN, ADVOCATE FOR SRI. MANU K.,ADVOCATE)

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AND:

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NANJAMMA, S/O THAMMANNAGOWDA, R/O BIDARAKERE, KASABA HOBLI, HASSAN TALUK – 573 201.

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STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER HRP-II, HASSAN – 573 201.

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WP No. 5546 of 2022

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C/W WP Nos. 20690/2021, 5545/2022, 5627/2022, 5737/2022

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…RESPONDENTS

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(BY SRI. A C BALARAJ.,ADVOCATE FOR R1; SRI. R SRINIVASA GOWDA, AGA FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE JUDGEMENT DATED 27.04.2017 VIDE ANNEXURE-A PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC HASSAN IN LAC NO.519/2014 AND REMAND THE MATTER FOR FRESH ADJUDICATION WITH DIRECTION TO THE RESPONDENTS TO ARRAY THE PETITIONER HEREIN AS AN OPPONENT IN THE SAID PROCEEDINGS.

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IN W.P.NO.5545/2022:

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BETWEEN:

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KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 3^RD FLOOR, SAMPARKA SOUDHA, OPP ORION MALL RAJAJI NAGAR, BENGALURU-560 010. REPRESENTED BY ITS EXECUTIVE ENGINEER MR P M HEMANTH KUMAR.

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…PETITIONER

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(BY SRI.ADITYA JOSSEN, ADVOCATE FOR SRI. MANU K.,ADVOCATE)

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AND:

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SAVITHRAMMA, AGED ABOUT 61 YEARS, W/O GIDDAIAH, R/O HALUVAGILU VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT.

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WP No. 5546 of 2022

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C/W WP Nos. 20690/2021, 5545/2022, 5627/2022, 5737/2022

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STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER HRP-II, HASSAN – 573 201.

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EXECUTIVE ENGINEER, PWD, HASSAN – 573 201.

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EXECUTIVE ENGINEER, KIADB, HOLENARSIPURA ROAD, HASSAN – 573 201.

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…RESPONDENTS

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(BY R1 SERVED BUT UNREPRESENTED; SRI. R SRINIVASA GOWDA, AGA FOR R2 & R3 V.C.O DATED 15.03.2022, NOTICE TO R4 IS D/W)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE JUDGEMENT VIDE ANNX-A DATED 17.03.2017 AND AWARD VIDE ANNX-B DTD 23.03.2017 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, HASSAN IN LAC NO.12/2016 AND REMAND THE MATTER FOR FRESH ADJUDICATION WITH DIRECTION TO THE RESPONDENTS TO ARRAY THE PETITIONER HEREIN AS AN OPPONENT IN THE SAID PROCEEDINGS.

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IN W.P.NO.5627/2022:

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BETWEEN:

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KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 3^RD FLOOR, SAMPARKA SOUDHA, OPP ORION MALL RAJAJI NAGAR, BENGALURU-560 010. REPRESENTED BY ITS EXECUTIVE ENGINEER MR P M HEMANTH KUMAR.

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…PETITIONER

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(BY SRI.ADITYA JOSSEN, ADVOCATE FOR SRI. MANU K.,ADVOCATE)

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WP No. 5546 of 2022

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C/W WP Nos. 20690/2021, 5545/2022, 5627/2022, 5737/2022

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AND:

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RANGEGOWDA, S/O LATE KARIGOWDA, R/O BIDARAKERE VILLAGE, HASSAN TALUK,

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HASSAN DISTRICT – 573 201.

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STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER HRP-II, HASSAN – 573 201.

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…RESPONDENTS

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(BY SRI. R SRINIVASA GOWDA, AGA FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE JUDGEMENT DATED 03.03.2017 ANNEXURE-A AND AWARD DATED 17.03.2017 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, HASSAN IN LAC NO.509/2014 AND REMAND THE MATTER FOR FRESH ADJUDICATION WITH DIRECTION TO THE RESPONDENTS TO ARRAY THE PETITIONER HEREIN AS AN OPPONENT IN THE SAID PROCEEDINGS.

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IN W.P.NO.5737/2022:

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BETWEEN:

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KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 3^RD FLOOR, SAMPARKA SOUDHA, OPP ORION MALL RAJAJI NAGAR, BENGALURU-560 010. REPRESENTED BY ITS EXECUTIVE ENGINEER MR P M HEMANTH KUMAR.

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…PETITIONER

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(BY SRI.ADITYA JOSSEN, ADVOCATE FOR SRI. MANU K.,ADVOCATE)

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WP No. 5546 of 2022

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C/W WP Nos. 20690/2021, 5545/2022, 5627/2022, 5737/2022

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AND:

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LAKKEGOWDA, S/O THAMMANNAGOWDA, R/O BIDARAKERE, KASABA HOBLI, HASSAN TALUK – 573 201.

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STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER HRP-II, HASSAN – 573 201.

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…RESPONDENTS

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(BY SRI. R SRINIVASA GOWDA, AGA FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE JUDGEMENT ANNEXURE-A DATED 03.07.2017 AND AWARD DATED 17.07.2017 ANNEXURE-B PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, HASSAN IN LAC NO.517/2014 AND REMAND THE MATTER FOR FRESH ADJUDICATION WITH DIRECTION TO THE RESPONDENTS TO ARRAY THE PETITIONER HEREIN AS AN OPPONENT IN THE SAID PROCEEDINGS.

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The subject matter of these Writ Petitions is similar

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to the one in W.P.No.55485/2017 (LA-KIADB) C/W WP

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NO.11178/2016 (LA-RES), disposed off by this Court on 20.11.2018, holding that the beneficiary of the acquisition

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is a property if not necessary party and therefore, without

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WP No. 5546 of 2022

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C/W WP Nos. 20690/2021, 5545/2022, 5627/2022, 5737/2022

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hearing him there cannot be enhancement of

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compensation under the provisions of Section 18 of the erstwhile Land Acquisition At, 1894.

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The Division Bench of this Court in W.A.Nos.932-933/1974 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 the like-cases alike and if relief is granted to a litigant it has to be extended to a similarly situated litigant as well, there being no derogatory circumstances.

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In view of the above, these Writ Petitions succeed in part; a Writ of Certiorari issues quashing the impugned judgment and awards rendered by the Reference Court; the matter is remitted to the portals of the Reference Court for consideration afresh.

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WP No. 5546 of 2022

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C/W WP Nos. 20690/2021, 5545/2022, 5627/2022, 5737/2022

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It hardly needs to be stated that the remand should

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be heard & disposed off within a period of six months. All

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contentions are kept open.

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