Writ petition filed seeking redetermination of land acquisition compensation. Respondent authority agreed to consider representation within three months without delay.
Respondents to consider the application within three months without delay.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 8016 OF 2023 (LA-RES)
BETWEEN:
SENIOR CITIZEN BENIFIT NOT CLAIMED
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
W/O Y G SHEKHARAPPA, AGED ABOUT 60 YEARS, R/AT YAREHALLI VILLAGE, TARIKERE TALUK, CHIKMAGALURU DISTRICT 577 228. SENIOR CITIZEN BENIFIT NOT CLAIMED
WP No. 8016 of 2023
D/O LATE SUNANDA I C, W/O RAJASHEKARAIAH, AGED ABOUT 37 YEARS, R/AT DOOR NO 9, 2ND MAIN, 2ND CROSS, VITTAL NAGAR, CHAMARAJPET, BANGALORE 560 018.
…PETITIONERS
AND:
WP No. 8016 of 2023
…RESPONDENTS
(BY SRI. R SRINIVASA GOWDA., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R-3 AUTHORITY TO CONSIDER AND DISPOSE OF THE APPLICATION FILED BY THE PETITIONERS DTD 30.11.2015 VIDE ANNX-C EXPEDITIOUSLY BY REDETERMINING THE COMPENSATION IN RESPECT OF THE ACQUIRED LAND BEARING SY. NO.27/3 MEASURING TO AN EXTENT OF 1 ACRE 24 GUNTAS SITUATED AT IDUKANAHALLI VILLAGE GUBBI TALUK, TUMAKURU DIST.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The short grievance of the Petitioners who claim to
have lost their lands is as to non-consideration of their Representation filed under Section 28A of the Land Acquisition Act, 1894, wherein they have sought for enhancement of the compensation on the ground that other owners of the land covered under the very same notification have got such enhancement in LAC No.202/2006.
for the Respondents although initially opposed the Petition
WP No. 8016 of 2023
contending that there cannot be ‘ pigeon-hole ’
consideration of claims of the kind since many factors enter the fray of decision making. Having so contended, he now agrees to instruct his clients to look into the grievance of the Petitioners in terms of their application dated 30.11.2015, (Annexure-C) in accordance with law and in a time bound manner. This is appreciable.
In view of the above, this Writ Petition is disposed off.
Time for compliance is three months. All contentions are kept open.
It is open to the answering Respondents to solicit any document /information from the side of the Petitioners for due consideration of their Application; however, in the guise of such solicitation, no delay shall be brooked.
Now, no costs.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the L&A Authority should expediently redetermine compensation on grounds of enhancement claimed under Section 28A of the Land Acquisition Act, 1894.
2 provisions across 2 enactments
SIDDAGANGAMMA AND OTHERS
STATE OF KARNATAKA RE PRESENT BY PRINCIPAL SECRETARY REVENUE DEPARTMENT
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
