Disposed

Mr. P Diwakar Rao v. the State of Karnataka

Karnataka HC12 Mar 2024WP/20711/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking restitution of land and higher compensation. The court held that since the petitioner declined the agreed offer, the competent authority was directed to pass an Award, rendering the writ petition unnecessary.

What did the court decide?

None granted; the Special Land Acquisition Officer directed to pass an Award within three months.

Mr. P Diwakar Rao Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:9991 WP No. 20711 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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WRIT PETITION NO. 20711 OF 2021 (LA-RES)

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BETWEEN:

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MR. P DIWAKAR RAO AGED 73 YEARS S/O LT P L VENAKRAMANAYYA (SENIOR CITIZEN BENEFIT NOT CLIAMED) R/AT VODADADKA HOUSE, SARADPADY VILLAGE BANTWAL TALUK, D K DIST 574211.

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…PETITIONER

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(BY SRI. RAMACHANDRA.H., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF ENERGY REP BY ITS SECRETARY

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VIKAS SOUDHA, BANGALORE 560001.

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNTAKA DEPARTMENT OF REVENUE REP BY ITS SECRETARY

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VIKASA SOUDHA, BANGALORE 560001.

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THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALORE 575001.

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THE ASSITANT COMMISISONER MANGALORE SUB DIVISION MANGALORE 575001.

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M/S AM R POWER PROJECTSL LTD REPRESENTED BY ITS MANGING DIRECTOR

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NC: 2024:KHC:9991 WP No. 20711 of 2021

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NADAMUGERU, SHAMNBOOR VILLAGE BANTWAL TALUK, D K DIST 574153.

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MANINALKUR SEVA SAHAKARI SANGHA, NI., REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SARAPADI POST, BANTWAL TALUK, D.K.DISTRICT-574 211.

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…RESPONDENTS

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(BY SRI. MANJUNATH.K., HCGP FOR R-1 TO R-4; SRI.PRASANNA.V.R., ADVOCATE FOR R-6; R-5 IS SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PAY COMPENSATION AT THE RATE OF RS.20,00,000/ PER YEAR FROM THE YEAR 2018 TILL THE LAND TO AN EXTENT OF 4 ACRES 30 CENTS BEARING SY NO.210/2 OS SARAPADY VILLAGE, BANTRAL TALUK D.K. DISTRICT IS RESTORED TO THE PETITIONER IN ITS ORIGINAL CONDITION FOR THE FORCIBLE ACQUISITION/ DISPOSSESSION OF THE PETITIONER FROM TH SAID LAND AND DIRECT THE RESPONDENTS TO RESTORE THE POSSESSION OF THE SAID LAND TO THE PETITIONER BY REMOVING ALL THE ENCROACHMENTS AND FURTHER RESTRAIN RESPONDENTS FROM ENTERING INTO THE SAID LAND EXCEPT BY FOLLOWING THE DUE PROCESS OF LAW AS PROVIDED UNDER RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT 2013, ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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It is the case of the petitioner that the compensation

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offered vide Annexure-F in a sum of Rs.59,31,348/- is

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3 - NC: 2024:KHC:9991 WP No. 20711 of 2021

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unacceptable and he has also submitted a representation in that regard.

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In view of the fact that the petitioner is not prepared

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to get the compensation determined by way of an agreement, necessarily the Land Acquisition Officer would have to pass an Award in accordance with law and if the petitioner is aggrieved by passing of such an Award, it is open for him to seek for a reference to Civil Court.

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Writ Petition is accordingly disposed of.

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The Special Land Acquisition Officer shall pass an Award within a period of three months from the date of receipt of a copy of this order.

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Sd/JUDGE

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HNM

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List No.: 1 Sl No.: 18

Mr. P Diwakar Rao v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. P Diwakar Rao v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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