Disposed

Smt Pushpa Malekal v. State of Karnataka

Karnataka HC2 Dec 2024WP/2838/2024

Case brief

AI extract

What is this about?

Land acquired for trumpet interchange connecting Bengaluru International Airport but no award was passed despite an earlier writ direction. The Court held the petitioner was deprived of legitimate compensation and directed the authorities to consider her legal notice and pass the award in accordance with law within two months.

What did the court decide?

Direction to respondents to consider legal notice dated 17.08.2022 and pass award for acquired land in accordance with law within two months.

Smt Pushpa Malekal Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:49428 WP No. 2838 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.2838 OF 2024 (LA-KIADB)

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BETWEEN:

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SMT. PUSHPA MALEKAL D/O T. KRISHNAPPA (LATE) AGED ABOUT 55 YEARS, C/O NO.5315, MARDJETKO DR. HOFFMAN ESTATE, ILLIONIOS-60192 USA. REPRESENTED BY HER POWER OF ATTORNEY HOLDER, MR. V. MURALI NARAYANA.

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…PETITIONER

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(BY SRI. S.V. BHAT, ADVOCATE)

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AND:

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Digitally signed by SHARMA ANAND CHAYA 1. STATE OF KARNATAKA Location: High DEPARTMENT OF INDUSTRIES AND COMMERCE, Court of Karnataka MULTI-STORIED BUILDING, BENGALURU -560001 REPRESENTED BY ITS SECRETARY.

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SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, 3^RD FLOOR, KHENI BUILDING, 3^RD CROSS, GANDHINAGAR, BENGALURU-560009.

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NC: 2024:KHC:49428 WP No. 2838 of 2024

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KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 14/3, 2^ND FLOOR, RASHTROTHANA PARISHAT BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001 REPRESENTED BY ITS CHAIRMAN.

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…RESPONDENTS

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(BY SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 & R3; SMT. RASHMI M. RAO, HCGP FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO PASS AN AWARD IN A TIME-BOUND MANNER GRANTING JUST AND REASONABLE COMPENSATION FOR ACQUISITION OF THE SCHEDULE PROPERTY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Heard learned counsel appearing for the parties.

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In this Writ Petition, the grievance of the petitioner is

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that, the land belonging to the petitioner has been acquired for the purpose of constructing trumpet interchange for connecting

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3 - NC: 2024:KHC:49428 WP No. 2838 of 2024

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Bengaluru international Airport, however, the petitioner has not received any compensation, and thereby the petitioner has approached this Court in W.P.No.9224/2008 and this Court disposed of the Writ Petition vide Order dated 08.01.2010, wherein, at paragraph No.5, it is held as follows:

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" Having regard to the facts and circumstances of the case, I am of the view that the petitioner has to produce his title deeds in respect of the sites in question before the 2^nd respondent and further establish that the said sites have been acquired for the purpose of constructing trumpet interchange for connecting the Bangalore International Airport. The 2^nd respondent is directed to pass appropriate award after taking into consideration the said documents in terms of the decision of this Court in W.P.Nos.18550/2007 and the connected matters disposed of on 21.2.2008. Writ petition is disposed of accordingly. No costs."

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Having taken note of the factual aspects on record, as the acquisition proceeding has been initiated and concluded, however the award has not been passed by the respondent - authorities, in this regard, taking into consideration the

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NC: 2024:KHC:49428 WP No. 2838 of 2024

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observation made by this Court in the above Writ Petition, I am of the view that, the petitioner herein has been deprived of her legitimate compensation in so far as the acquisition proceedings initiated by the respondent - authorities is concerned and therefore, the respondent Nos.1, 2, 3 herein are directed to consider the legal notice issued by the petitioner dated 17.08.2022 (Annexure-F) and pass the Award in respect of the land in question in accordance with law, within outer limit of two months from the date of receipt of certified copy of this order.

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With this observation, the Writ Petition is disposed of.

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SD/(E.S.INDIRESH) JUDGE

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List No.: 1 Sl No.: 51

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sac

Smt Pushpa Malekal v. State of Karnataka

Case brief

What is this about?

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Smt Pushpa Malekal v. State of Karnataka

Case brief

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