Petitioner challenged non-awarding of compensation for land acquired for Bhadra Upper Project. Without expressing opinion on merits, High Court directed Special Land Acquisition Officer to consider legal notice within four months. Petition disposed.
Direction to consider notice dated 09.02.2023 and pass award within four months.
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NC: 2024:KHC:46063 WP No. 13983 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 13983 OF 2023 (LA-RES)
BETWEEN:
SRI. THIMMANAIKA, AGED ABOUT 65 YEARS, S/O BHIMANAIKA, R/AT M. KODIHALLI VILLAGE, KASABA HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548.
…PETITIONER
(BY SRI. P. NATARAJU, ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1 TO R4)
NC: 2024:KHC:46063 WP No. 13983 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE NOTICE DATED 09/02/2023 VIDE ANNEXURE-K AND PASS THE AWARD IN RESPECT THE LAND BEARING SY.NO. 13/1 MEASURING TO AN EXTENT OF 0-4 GUNTAS SITUATED AT CHANDRAPURA VILLAGE, KASABA HOBLI, KADUR TALUK AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioner is seeking direction to respondent No.3 to consider legal notice dated 09.02.2023 (Annexure-K) and to pass award in respect of land bearing Sy.No.13/1 measuring to an extent of 4 guntas situated at Chandrapura Village, Kadur Taluk.
NC: 2024:KHC:46063 WP No. 13983 of 2023
opinion on the merits of the case, respondent No.3 is directed to consider the legal notice dated 09.02.2023 (Annexure-K)
within an outer limit of four months from receipt of this order.
With the above observations, writ petition is disposed
of .
SD/(E.S.INDIRESH) JUDGE
GPG List No.: 1 Sl No.: 48 CT: BHK
2 issues framed by the court
Whether respondent No.3 must consider the petitioner's legal notice and pass an award for acquired land without compensation.
What time limit should be imposed for the Special Land Acquisition Officer to consider the notice and pass award.
SRI. THIMMANAIKA
THE STATE OF KARNATAKA
THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT
THE SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER
THE ASSISTANT DIRECTOR OF LAND RECORDS, KADUR TALUK
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
