Disposed

Danamma W/O Saibanna Sedamkar v. the State of Karnataka and Ors.

Karnataka HC26 Nov 2024WP/200929/2023

Case brief

AI extract

What is this about?

Landowner challenged a KIADB possession notice issued without an award following preliminary and final notifications acquiring her land. The court disposed of the petition directing respondents to pass an award in accordance with law within three months, with status quo on the land maintained for that period.

What did the court decide?

Respondents directed to pass an award in accordance with law within three months; status quo on subject land for three months.

Danamma W/O Saibanna Sedamkar Vs the State of Karnataka… — Land Acquisition | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 26^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO.200929 OF 2023 (LA-KIADB)

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BETWEEN:

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DANAMMA W/O SAIBANNA SEDAMKAR AGE: 72 YEARS, OCC. AGRICULTURE, R/O. H.NO.11-1220/23, SHANTI NAGAR, TQ. AND DIST. KALABURAGI-585103.

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…PETITIONER

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(BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS SECRETARY,

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DEPARTMENT OF COMMERCE AND INDUSTRIES, MS BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.

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Digitally signed by LUCYGRACE Location: High Court Of Karnataka

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.4, 2^ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU, REPRESENTED BY ITS CHAIRMAN, BENGALURU-560 001.

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, KALABURAGI-585 102.

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THE DEPUTY COMMISSIONER KALABURAGI AT KALABURAGI-585101.

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…RESPONDENTS

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(BY SMT. MAYA T.R, HCGP FOR R-1 & R-4; SRI. A.M. NAGARAL, ADVOCATE FOR R-2 & R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 12.01.2021 AS AT ANNEXURE-D, GIVEN BY THE PETITIONER AND TO TAKE APPROPRIATE ACTION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

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In this petition, petitioner seeks the following reliefs:

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“ i) Issue a writ in the nature of mandamus thereby directing the respondents to consider the representation dated: 12.01.2021 as at Annexure-D, given by the petitioner and to take appropriate action, in the interest of justice and equity.

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ii) Issue a writ in the nature of Certiorari thereby the quashing the impugned notice beg. No.KIADB/ Buswa/K/2022-23/857 dated: 02.01.2023 passed by the 3^rd respondent as at Annexure-F, in the interest of justice and equity.

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iii) Pass any other order or direction as this Hon’ble court deems fit in view of the facts and

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circumstances of the case, in the interest of justice and equity.”

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Heard learned counsel for the petitioner and learned

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counsel for the respondents and perused the material on record.

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A perusal of the material on record will indicate that the subject land of the petitioner was notified for acquisition by respondents whereby Preliminary Notification dated 09.12.2020 issued under Section 28(2) of the KIADB Act, which was followed by the final notification dated 23.12.2020 issued by the respondents.

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It is the grievance of the petitioner that without passing any award pursuant to the aforesaid notifications, the respondents have issued the impugned notice dated 02.01.2023 under Section 28(6) of the KIADB Act for the purpose of taking possession of the subject lands from the petitioner, who is before this Court by way of the present petition.

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Per contra, learned counsel for the respondents submits that, if reasonable time is granted, the respondents would pass an appropriate award as expeditiously as possible in accordance with law.

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In view of the aforesaid facts and circumstances and

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submissions made by both sides, I deem it just and appropriate to dispose of this petition by directing concerned respondents to pass an award in accordance with law, within three months.

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It is further directed that parties shall maintain status-

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quo in all respects in relation to the subject land for a period of three months from today.

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Subject to the aforesaid observations and directions,

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the petition stands disposed of.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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List No.: 1 Sl No.: 21

Danamma W/O Saibanna Sedamkar v. the State of Karnataka and Ors.

Case brief

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Danamma W/O Saibanna Sedamkar v. the State of Karnataka and Ors.

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