Disposed

Sri. C. Thimmarayappa v. State of Karnataka

Karnataka HC11 Jan 2024WP/23204/2023

Case brief

AI extract

What is this about?

Lands in Singasandra Village acquired for BMRCL under the KIADB Act were challenged by landowners. The acquisition being for a public purpose was not disturbed; on counsel's submission, respondents undertook to deposit compensation with the Reference Court within three months, and the petitions were disposed of on that basis.

What did the court decide?

Direction to respondent No.3 to deposit compensation amount before the Reference Court within three months from receipt of certified copy of order.

Sri. C. Thimmarayappa Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:1620 WP No. 23204 of 2023 C/W WP No. 50526 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 23204 OF 2023 (LA-KIADB)

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C/W

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WRIT PETITION NO. 50526 OF 2019 (LA-KIADB)

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IN WP NO. 23204/2023

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BETWEEN:

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SRI. C. THIMMARAYAPPA, S/O LATE CHIKKAMUNIYAPPA, AGED ABOUT 54 YEARS,

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SRI. RAMESH, S/O LATE CHIKKAMUNIYAPPA, AGED ABOUT 48 YEARS,

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Digitally signed by H K HEMA Location: High Court of Karnataka

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SMT. DODDAKKAMMA, W/O LATE THIMMARAYAPPA, AGED ABOUT 67 YEARS,

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SRI. SRINIVASA T, S/O LATE THIMMARAYAPPA, AGED ABOUT 48 YEARS

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SRI. MUNIRAJA T, S/O LATE THIMMARAYAPPA, AGED ABOUT 46 YEARS, ALL ARE R/O NO.178, SINGASANDRA, BEGUR HOBLI, BENGALURU SOUTH TALUK,

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NC: 2024:KHC:1620 WP No. 23204 of 2023 C/W WP No. 50526 of 2019

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BENGALURU - 560 068.

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…PETITIONERS

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(BY SRI. ONKARAPPA N.D, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, INDUSTRY AND COMMERCE DEPARTMENT, M.S.BUILDING, DR. AMBEDKAR VEEDI, BENGALURU - 560 001.

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THE MANAGING DIRECTOR, B.M.R.C.L (LAND ACQUISITION AND ESTATES) BMTC COMPLEX, 3RD FLOOR, KENGAL HANUMANTHAIAH ROAD, SHANTHINAGAR, BENGALURU - 560 027.

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THE SPECIAL LAND ACQUISITION OFFICER, KIADB, MAHARSHI ARVIND BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, AGA FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXUREC THE NOTIFICATION ISSUED BY THE GOVERNMENT THROUGH INDUSTRY AND COMMERCE DEPARTMENT, U/S 28(4) OF KIADB, ACT 1966, VIDE NO.CI245 SPQ2018, DATED 07.12.2018 AS BEING ARBITRARY ILLEGAL AND UNSUSTAINABLE AND ETC.,

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NC: 2024:KHC:1620 WP No. 23204 of 2023 C/W WP No. 50526 of 2019

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IN WP NO. 50526/2019

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BETWEEN:

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SRI. CHIKKAMUNIYAPPA, S/O. LATE KARAGAPPA, AGED ABOUT 85 YEARS, R/O. SINGASANDRA VILLAGE, BEGUR HOBLI, HOSUR MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560 068.

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SINCE DEAD BY LRS

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1(A). SRI. C. THIMMARAYAPPA, S/O LATE CHIKKAMUNIYAPPA, AGED ABOUT 54 YEARS,

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1(B). SRI. RMESH C, S/O LATE CHIKKAMUNIYAPPA, AGED ABOUT 48 YEARS, BOTH R/O. SINGASANDR A VILLAGE, BEGUR HOBLI, HOSUR MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560 068.

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THIMMARAYAPPA, S/O. LATE RAMAPPA, AGED ABOUT 60 YEARS, SINCE DEAD BY LRS.

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2(A). SMT. DODDAKKAMMA, W/O LATE THIMMARAYAPPA, AGED ABOUT 67 YEARS,

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2(B). SRI. SRINIVASA T, S/O LATE THIMMARAYAPPA,

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NC: 2024:KHC:1620 WP No. 23204 of 2023 C/W WP No. 50526 of 2019

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AGED ABOUT 48 YEARS,

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2(C) SRI. MUNIRAJA T S/O LATE THIMMARAYAPPA AGED ABOUT 46 YEARS ALL ARE R/AT NO.178 SINGASANDRA, BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560 068.

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…PETITIONERS

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(BY SRI. ONKARAPPA N.D, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, INDUSTRY AND COMMERCE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

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THE MANAGING DIRECTOR, B.M.R.C.L. (LAND ACQUISITION AND ESTATES), BMTC COMPLEX, 3RD FLOOR, KENGAL-HANUMANTHAIAH ROAD, SHANTHINAGAR, BENGALURU - 560 027.

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THE SPECIAL LAND ACQUISITION OFFICER, KIADB, MAHARSHI ARVIND BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, AGA FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2; SRI. ASHOK N. NAIK, ADVOCATE FOR R3)

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5 - NC: 2024:KHC:1620 WP No. 23204 of 2023 C/W WP No. 50526 of 2019

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-C THE NOTIFICATION ISSUED BY THE GOVERNMENT THROUGH INDUSTRY AND COMMERCE DEPARTMENT, U/S 28 (4) OF KIADB, ACT, 1966, VIDE NO.CI-245 SPQ2018, DATED 07.12.2018 AS BEING ARBITRARY ILLEGAL AND UNSUSTAINABLE AND ETC.,

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Certain lands situated in Survey No.57 of Singasandra Village, Begur Hobli, Bengaluru South Taluk, Bengaluru are acquired for the purpose of respondent No.2-BMRCL.

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The same is challenged in the instant writ petition.

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Admittedly, the acquisition is made for a public purpose and no proper reason is assigned by the petitioners as to why the said acquisition has to be set aside. However, in the course of the arguments, the learned counsel for the petitioners submits that he will be satisfied if the compensation amount is released.

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6 - NC: 2024:KHC:1620 WP No. 23204 of 2023 C/W WP No. 50526 of 2019

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The learned counsel for respondent Nos.2 and 3 submits that there is a dispute as to ownership of the lands concerned and for that reason, the award amount will be deposited before the Reference Court within a period of three months from the date of receipt of a certified copy of this order.

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Their submission is placed on record.

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For the aforementioned reasons, the Writ Petitions

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are hereby disposed of with a direction to respondent No.3 to deposit the compensation amount before the Reference Court within a period of three months from the date of receipt of a certified copy of this order in respect of the lands which are the subject matter of the writ petition.

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Sd/JUDGE

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List No.: 1 Sl No.: 35

Sri. C. Thimmarayappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. C. Thimmarayappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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