Petitioners sought a writ directing the State to grant alternative land of 5 acres for their originally acquired land, claiming illegal utilization and lack of compensation. The Court observed that a right to alternative land accrues only after a lawful acquisition and legal challenge, which the petitioners did not pursue.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 36920 OF 2017 (KLR-LG)
BETWEEN:
SINCE DECEASED BY HIS LRs
Digitally signed by H K HEMA Location: High Court of Karnataka
PETITIONER NOs.1(a) TO (c) R/AT THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, PIN CODE-561 203.
NC: 2024:KHC:49341 WP No. 36920 of 2017
BANGALORE RURAL DISTRICT, PIN CODE-561 203.
…PETITIONERS
(BY SRI. B.K.CHANDRASHEKAR, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.HARISHA A.S., AGA FOR R1 TO R7)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NARURE OF MANDAMUS OR ORDER OR DIRECTION OR ANY OTHER APPROPRIATE WRIT TO THE RESPONDENTS TO GRANT OF LAND MEASURING 5 ACRES IN SY.NO.96 OUT OF 28 ACRES WHICH ARE CLEAR AND VACANT READY FOR DISPOSAL OR GRANT 5 ACRES 3 GUNTAS OF VACANT LAND OUT OF SY.NO.34-BOTH ARE SITUATED IN THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK IN THE DISTRICT OF BANGALORE RURAL CONSIDERING THE ORIGINAL APPLICATION DATED 01.01.1985 AND SUBSEQUENT APPLICATIONS INCLUDING THE LATEST PETITION SIGNED BY BOTH THE PETITIONERS DATED 01.01.2017.
THIS PETITION COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
1. The case of the petitioners is that the land belonging
to the petitioners has been illegally utilized by the State
and the same has not been acquired in accordance with law and no compensation has been granted to them in respect of the said land. Hence, they have given representation to the State for granting them an alternative land. As the same has not been considered, present writ petition is filed with the following prayers:
"Wherefore the Petitioners Pray that this Hon'ble Court may be pleased to:
a) Issue a Writ in the Nature of Mandamus or Order or Direction or any other Appropriate Writ to the Respondents to Grant of Land measuring 5 acres in Sy.No.96 out of 28 acres which are clear and Vacant ready for disposal or Grant 5 acres 3 guntas of Vacant Land out of Sy No.34-Both are situated in Thippapura Village, Kasaba Hobli, Doddaballapura Taluk in the District of Bangalore Rural considering the Original application dated 1st January, 1985 and subsequent Applications including the latest Petitioner signed by both the Petitioners
NC: 2024:KHC:49341 WP No. 36920 of 2017
dated 1st January, 2017 in the interest of justice and Equity."
State without following the due process, they are always at liberty to challenge the same in the manner known to law, which they have not done in the instant case. They will not get a right for grant of an alternative land without doing the same.
interlocutory applications, if any, stand disposed of.
SD/(M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 30
2 issues framed by the court
Whether the State is liable to grant alternative land without prior lawful acquisition and challenge.
Whether a writ petition filed for constitutional alternative land grant should be allowed despite lack of acquisition challenge.
1 provisions across 1 enactments
Raju vs Shamanna vs Sujatha vs Anjanamurthy
State of Karnataka
Deputy Commissioner, Bangalore Rural District
Assistant Commissioner, Doddaballapura
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
