Disposed

Sri K Hanumantharayappa v. the State of Karnataka

Karnataka HC5 Mar 2024WP/35905/2013

Case brief

AI extract

What is this about?

Land acquisition challenge by landowners against Karnataka Housing Board notifications. During pendency, KHB resolved to allot 50% of developed area to petitioners. Court disposed of the writ petition in terms of that settlement, directing KHB to give 50% developed area within 30 months and permitting KHB to withdraw deposited compensation.

What the court decided

AI extract

Sri K Hanumantharayappa Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:9271 WP No. 35905 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^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. 35905 OF 2013 (LA-KHB)

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BETWEEN:

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SRI K HANUMANTHARAYAPPA SON OF KEMPAIAH, AGED ABOUT 55 YEARS, RESIDING AT NARASIMHANAPALYA VILALGE, MYLANAHALLI POST, MANDIGERE DHAKALE, KASBA HOBLI, NELAMANGAL ATALUK, BANGALORE RURAL DISTRICT.

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SRI RAMAKSRIHANAIAH SON OF LATE ANDANAPPA, AGED ABOUT 53 YEARS, RESIDING AT NARASIMHANAPALYA VILLAGE, MYLANAHALLI POST, MANDIGERE DHAKALE, KASABA HOBLI, NELAMANGLA TALUK, BANGALORE RURAL DISTRICT.

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

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SRI RAMAKRISHNAIAH SON OF LATE ANJANAPPA, AGED ABOUT 56 YEARS,

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RESIDING AT NARASIMHANAPALYA VILLAGE, MYLANAHALLI POST, MANDIGERE DHAKALE, KASABA HOBLI, NELAMANGLA TALUK, BANGALORE RURAL DISTRICT.

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SRI PUTTAIAH SON OF LATE KEMPAIAH, AGED ABOUT 58 YEARS, RESIDING AT NARASIMHANAPALYA VILLAGE, MYLANAHALLI POST, MANDIGERE DHAKALE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.

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2 - NC: 2024:KHC:9271 WP No. 35905 of 2013

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SRI HANUMANTHARAYAPPA SON OF LATE KEMPAIAH, AGED ABOUT 56 YEARS, RESIDING AT NARASIMHANAPALYA VILLAGE, MYLANAHALLI POST, MANDIGERE DHAKALE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.

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SRI NARASIMAIAH SON OF LATE KEMPAIAH, AGED ABOUT 51 YEARS, RESIDING AT NARASIMHANAPALYA VILLAGE, MYLANAHALLI POST, MANDIGERE DHAKALE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.

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SRI KRISHNAPPA SON OF LATE KEMPAIAH, AGED ABOUT 48 YEARS, RESIDING AT NARASIMHANAPALYA VILLAGE, MYLANAHALLI POST, MANDIGERE DHAKALE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.

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…PETITIONERS

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(BY SRI. FAYAZ SAB B G., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSING, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560001.

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KARNATAKA HOUSING BOARD REPRESENTED BY ITS COMMISSIONER, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE-560009.

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THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT,

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3 - NC: 2024:KHC:9271 WP No. 35905 of 2013

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PODIUM BLOCK, FIRST FLOOR, V.V.TOWER, DR.AMBEDKAR ROAD, BANGALORE-560001.

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, 3RD AND 4TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE-560009.

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…RESPONDENTS

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(BY SRI. MANJUNATHA.K., HCGP FOR R-1 & R-3; SRI. H.;.PRADEEP KUMAR, ADVOCATE FOR R-2 & R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASES OF THE PETITIONERS AND QUASH THE IMPUGNED PRELIMINARY NOTIFICATION DATED:3.2.2011 UNDER SECTION 4(2) OF THE LAND ACQUISITION ACT, 1894 ISSUED BY THE R-2 AND FINAL NOTIFICATION DATED:11.10.2012 PUBLISHED IN VIJAYA KARNATAKA DAILY NEWS PAPER ON 24.5.2013 WHICH ARE PRODUCED AND MARKED AS ANNEXURE-A & H RESPECTIVELY AS ILLEGAL, ARBITRARY, CAPRICIOUS AND WITHOUT APPLICATION, SO FAR AS THE PETITIONERS ARE CONCERNED, ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The Writ Petition was originally filed by several petitioners. During the pendency of the Writ Petition, petitioners No.4, 5, 6 and 7 i.e., Rudraiah, D.Krishnappa, G.D.Ramesh and D.Venkateshappa filed a Memo seeking

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for dismissal of the Writ Petition and, accordingly, by an

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NC: 2024:KHC:9271 WP No. 35905 of 2013

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order dated 18.07.2022, their Writ Petitions were

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dismissed.

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Subsequently, an affidavit is filed by petitioner No.1

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for himself and also on behalf of other petitioners stating that all of them have agreed to settle their dispute with the Karnataka Housing Board (for short, ‘the KHB’) inasmuch as they have submitted a proposal for being given 50% of the developed area and the KHB has accepted their proposal and has also passed a resolution to that effect on 27.09.2021. A copy of the resolution is placed on record by the learned counsel for the KHB.

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The Petitioners who have not withdrawn the petition are present before the Court.

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In view of this resolution, the Writ Petition is disposed of in terms of the affidavit that has been filed by K.Hanumantharayappa.

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Having regard to the fact that the KHB has agreed to

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give the petitioners No.1, 2 and 3 and Puttaiah,

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5 - NC: 2024:KHC:9271 WP No. 35905 of 2013

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Hanumantharayappa, Narasimaiah and Krishnappa

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(original petitioners No.8, 9, 10 and 11 who have become petitioners No.4, 5, 6 and 7 after the deletion of the original petitioners No.4, 5, 6 and 7), the KHB is directed to give 50% of the developed area to the aforementioned petitioners within a period of 30 months from today.

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The KHB is permitted to withdraw the compensation that it had deposited before the Civil Court in respect of the lands of the petitioners.

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Writ Petition is, accordingly, disposed of .

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Sd/JUDGE

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HNM

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List No.: 1 Sl No.: 0

Sri K Hanumantharayappa v. the State of Karnataka

Case brief

What is this about?

What the court decided

Sri K Hanumantharayappa v. the State of Karnataka

Case brief

What is this about?

What the court decided

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