The High Court disposed of a writ petition challenging the payment of land acquisition compensation. It held the petition premature as no right was violated and the claimant title remains undecided by the Special Land Acquisition Officer. The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR.JUSTICE M.I.ARUN WRIT PETITION NO.27368 OF 2023 (LA-KIADB)
BETWEEN:
…PETITIONER
(BY SRI SOMASEKHARA K.H., ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
NC: 2024:KHC:315 WP No. 27368 of 2023
RESPONDENTS 5 TO 8 ARE R/AT BHAVANAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, MALUR.
(AMENDMENT CARRIED OUT AS PER COURT ORDER DATED 08.12.2023)
…RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R.1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R.2; SRI DHANANJAYA JOSHI, SENIOR COUNSEL FOR SRI SHARAN N. MAJAGE, ADVOCATES FOR R.4 & R.8; R.6 - SERVED AND UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 AND 3 NOT TO
NC: 2024:KHC:315 WP No. 27368 of 2023
DISBURSE THE COMPENSATION AMOUNT TO THE 4TH RESPONDENT OR ANY OTHER PERSON CLAIMING IN THE LAND BEARING SY.NO.18 MEASURING 5 ACRE 33 GUNTAS OF BHAVANAHALLI VILLAGE, KASABA HOBLI, MULUR TALUK, KOLAR DISTRICT TILL THE DECISION OF THE CIVIL COURT IN RA.NO.13/2022 PENDING BEFORE THE DISTRICT AND SESSIONS JUDGE, KOLAR ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:315 WP No. 27368 of 2023
KIADB, upon instructions, submits that an enquiry is yet to be conducted by the concerned Special Land Acquisition Officer to determine as to who are persons entitled to receive the compensation and the petitioner is also at liberty to make a claim before the jurisdictional Special Land Acquisition Officer in this regard and a decision will be taken in accordance with law.
NC: 2024:KHC:315 WP No. 27368 of 2023
Sd/JUDGE
hkh.
1 issue framed by the court
Whether the High Court can direct the KIADB to pay compensation to private respondents before the claimant title is determined by the Special Land Acquisition Officer.
Sri M.N. Gundappa
The State of Karnataka
The Karnataka Industrial Area Development Board
The Special Land Acquisition Officer
Sri B.L. Krishna Singh
Sri B.L. Thulasi Ram Singh
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
