Disposed

Sri Nanagouda Biradar v. the State of Karnataka and Anr.

Karnataka HC12 Dec 2024WP/201620/2019

Case brief

AI extract

What is this about?

The petitioner sought to quash acquisition notifications and direct fresh notifications considering specific structures. During pendency, the State passed an award dated 19.09.2019. The Court disposed of the petition, reserving liberty for the petitioner to challenge the award or seek compensation enhancement.

What did the court decide?

Petition disposed of with liberty to challenge award or seek compensation enhancement.

Sri Nanagouda Biradar Vs the State of Karnataka and Anr. — 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 12^TH DAY OF DECEMBER, 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. 201620 OF 2019 (LA-RES)

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BETWEEN:

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SRI NANAGOUDA BIRADAR S/O MADIVALAPPA, AGED ABOUT 61 YEARS, OCC: AGRL. R/O TAMADADDI VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPURA.

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…PETITIONER

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(BY SMT. RATNA N SHIVAYOGIMATH,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPT., M.S. BUILDING,

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BANGALORE-01.

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Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA

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SPECIAL DEPUTY COMMISSIONER OF PROJECT MANAGER, LAND ACQUISITION AND

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RECONSTRUCTION OF REHABILITATION, UKP BAGALKOT – 587 101.

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THE SPECIAL LAND ACQUISITION OFFICER WKP ALAMATTI,

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TQ: BASAVANABAGEWADI

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DIST: VIJAYAPURA – 586 217. (VIDE ORDER DATED: 11.09.2019)

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…RESPONDENTS

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(BY SMT. MAYA.T.R, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION WRIT IN THE NATURE OF CERTIORARI, QUASHING THE NOTIFICATION DATED 28.06.2017. ISSUED BY RESPONDENT UNDER SECTION 19 (1) OF THE NEW ACT,2013, VIDE ANNEXURE-D AND THE NOTIFICATION UNDER SECTION 19(2) OF THE NEW ACT,2013 DATED 30.01.2019 ISSUED BY RESPONDENT NO.2 ANNEXURE-E IN SO FAR AS THE LAND OF THE PETITIONER AT SY.NO.211/3 SITUATED AT TAMADADDI VILLAGE, TALIKOTI HOBLI, TQ- MUDDEBIHAL, DISTVIJAYAPURA IS CONCERNED.

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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 has sought for the following reliefs:-

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“a) Issue a writ or order or direction writ int eh nature of Certiorari quashing the Notification dated: 28.06.2017. Issued by Respondent No.2 under Section 19(1) of the New Act, 2013 vide Annexure-D and the Notification under Section 19(2) of the New Act, 2013 dated: 30.01.2019 issued by Respondent No.2 vide Annexure-E, in so far as the land of the petitioner at Sy No.211/3 situated at Tamdaddi Village, Talikoti Hobli, Tq: Muddebihal, Dist: Vijayapura is concerned.

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b) Issue a writ or order or direction writ in the nature of Mandamus, directing the respondent No.2 to issue fresh Notification, by including the existence of well and structures as mentioned in Award dated: 05.03.2016, vide

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3 - ��

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Annexure-B, by considering the representation dated: 07.03.2019, vide Annexure-G and G1respectively.

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c) Pass such any other orders as deemed fit by this Hon’ble Court under the facts and circumstances of the case in the interest of justice and equity.”

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Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.

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When the matter was posted before this Court on 13.08.2024, the respondents – State sought for time to produce the award said to have been passed by them. Accordingly, on the last date of hearing, a memo is filed by the learned HCGP enclosing a copy of the award dated 19.09.2019 passed by the respondents during the pendency of the present petition which was filed by the petitioner earlier on 21.03.2019.

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In the light of the aforesaid facts and circumstances and the undisputed fact that the respondents – State have passed the award on 19.09.2019 during the pendency of the present petition and when the matter was sub judice before this Court, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to take recourse to such remedies as available in

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law including challenging the said award and by seeking enhancement of compensation in accordance with law.

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Subject to the aforesaid directions and reserving the

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aforesaid liberty in favour of the petitioner, petition stands disposed

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of.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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Srl. List No.: 3 Sl No.: 7

Sri Nanagouda Biradar v. the State of Karnataka and Anr.

Case brief

What is this about?

What did the court decide?

Sri Nanagouda Biradar v. the State of Karnataka and Anr.

Case brief

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What the court decided

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