Disposed

Smt Venkatamma v. the State of Karnataka

Karnataka HC18 Jun 2024WP/4073/2024

Case brief

AI extract

What is this about?

Petitioners seek writ of mandamus directing Karnataka Industrial Area Development Board to disburse compensation for acquired agricultural land. Court disposed of petition directing respondents to release compensation upon production of ownership documents or deposit funds pending resolution.

What did the court decide?

Direction to respondent 4 and 5 to disburse compensation upon verification of ownership documents; otherwise deposit compensation before Reference Court.

Smt Venkatamma Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:21917 WP No. 4073 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JUNE, 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.4073 OF 2024 (LA-KIADB)

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BETWEEN:

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SMT. VENKATAMMA W/O. LATE MUNIVENKATAPPA AGED ABOUT 72 YEARS,

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SMT. PILLAMMA W/O. LATE NARASIMHAIAH AGED ABOUT 90 YEARS,

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BOTH THE PETITIONERS ARE R/AT HARALURU VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL-562 110.

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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(BY SRI VARUN R.R., ADVOCATE)

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…PETITIONERS

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS CHIEF SECRETARY.

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THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION

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NC: 2024:KHC:21917 WP No. 4073 of 2024

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DODDABALLAPURA BENGALURU RURAL-561 203.

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THE TAHSILDAR DEVANAHALLI TALUK BENGALURU RURAL-562 110.

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THE KARNATAKA IDUSTRIAL AREA DEVELOPMENT BOARD MAHARSHI ARAVIND BHAVAN 1ST FLOOR, NRUPATHUNGA ROAD BANGALORE-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD MAHARSHI ARAVIND BHAVAN 1ST FLOOR, NRUPATHUNGA ROAD BANGALORE-560 001 REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER-2 (B.M.I.C.P AND BENGALURU RURAL).

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…RESPONDENTS

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(BY SRI YOGESH D. NAIK, AGA FOR R.1 TO R.3; SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R.4 & R.5.)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.5 HEREIN TO DISBURSE THE COMPENSATION IN FAVOUR OF THE PETITIONERS HEREIN TOWARDS AGRICULTURAL LANDS BEARING SY.NO.37/11 (OLD NO.37) OF HARALURU VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT MEASURING TO A TOTAL EXTENT OF 4 ACRES

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3 - NC: 2024:KHC:21917 WP No. 4073 of 2024

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HEREIN BY CONSIDERING THE CLAIM APPLICATIONS DATED 27.10.2023 AS PER "ANNEXURES- A AND A1", ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The case of the petitioners is that they are the owners of land in Sy.No.37/11 (old Sy.No.37) of Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, measuring to an extent of 4 acres and that the same has been acquired by respondent No.1 for the purposes of respondent No.4 - Karnataka Industrial Area Development Board. It is submitted that inspite of several representations, compensation is not released in favour of the petitioners. Hence, the present writ petition is filed with the following prayers:-

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"Wherefore, the Petitioners above name prays that this Hon'ble Court may be pleased to grant the following reliefs;

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4 - NC: 2024:KHC:21917 WP No. 4073 of 2024

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a. Issue a Writ of Mandamus directing the Respondent No.5 herein to disburse the compensation in favour of the Petitioners herein towards Agricultural lands bearing Sy.No.37/11 (Old No.37) of Haraluru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District measuring to a total extent of 4 Acres herein by considering the Claim Applications dated 27.10.2023 as per "ANNEXURES-A & A1"; and

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b. Issue such other order or direction, this Hon'ble Court deems fit to grant in the facts and circumstance of the case in the interest of justice and equity."

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Learned counsel appearing for respondent Nos.4 and

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5 upon instructions submits that the petitioners have not produced all the necessary documents to show that they are the owners of the property concerned and further submits that if they produce all the necessary documents and if there is no rival claim, then in that event compensation will be released in favour of the petitioners.

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NC: 2024:KHC:21917 WP No. 4073 of 2024

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That, if they do not produce the necessary documents or if there is a rival claim, then the compensation will be deposited before the Reference Court.

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For the aforementioned reasons, the writ petition is hereby disposed of with a direction to respondent Nos.4 and 5 to consider the request of the petitioners in accordance with law and disburse the compensation to them, if they produce all the necessary documents showing that they are owners of the property concerned. If they fail to do so or if there is a rival claim, then in that event, respondent Nos.4 and 5 shall deposit the compensation amount before the Reference Court.

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Sd/JUDGE

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VMB

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List No.: 1 Sl No.: 45

Smt Venkatamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Venkatamma v. the State of Karnataka

Case brief

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What did the court decide?

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