Petitioner claiming ownership of granted land sought compensation from KIADB for acquisition of Sy.No.40. The State relied on a Government Order dated 05.05.2022 identifying the entire survey number as deemed forest, disputing petitioner's title. Finding no relevant records produced by the competent authority, the court found no merit.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 15460 OF 2024 (LA-KIADB)
BETWEEN:
SRI. NARAYANAPPA, S/O. KOTAPPA, AGED ABOUT 62 YEARS, R/AT NO.171, TALAGAVARA VILLAGE, KAIVARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DIST - 562 104.
…PETITIONER
(BY SRI. PRASANNA D.P, ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
(BY SRI. MANJUNATH K, HCGP FOR R1; SRI. VASANTH, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO CONSIDER THE REPRESENTATIONS DATED 24/04/2024 MADE BY THE PETITIONER, AS PER ANNEXURE-G, EXPEDITIOUSLY AS POSSIBLE AND ETC.,
NC: 2024:KHC:44602 WP No. 15460 of 2024
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
Heard the learned counsel appearing for both parties.
NC: 2024:KHC:44602 WP No. 15460 of 2024
for the benefit of respondent-KIADB and therefore, the petitioner has to be compensated for deprivation of his land in question.
Sy.No.40 to an extent of 252.99 acres of land has been considered as a deemed forest and in that view of the matter, disputed the title of the petitioner.
argued on the similar lines and submitted that the petitioner has to establish his right over the land in question.
NC: 2024:KHC:44602 WP No. 15460 of 2024
any merits in the case. Accordingly, the writ petition is dismissed.
SD/(E.S.INDIRESH) JUDGE
PK List No.: 1 Sl No.: 0 CT: BHK
1 issue framed by the court
Whether the KIADB should consider the petitioner's representation seeking compensation for acquisition of his claimed land in Sy.No.40, despite the State's claim that it is deemed forest.
2 provisions across 1 enactments
Sri. Narayanaappa
The State of Karnataka
The Special Land Acquisition Officer-2, KIADB
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
