Disposed

J R Basavarajappa v. Spcial Land Acquisition Officer and

Karnataka HC20 Jan 2024WP/4648/2023

Case brief

AI extract

What is this about?

Petitioners filed writ petitions seeking direction to release compensation for land allegedly acquired for public purpose. The court, noting the grievance of non-payment and lack of documentation, disposed of the petitions adjournedly, reserving liberty for petitioners to file representations within four weeks for individual consideration.

What did the court decide?

Petitioners given liberty to file representations within four weeks; respondents to consider and act within eight weeks.

J R Basavarajappa Vs Spcial Land Acquisition Officer and — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:2785 WP No. 4648 of 2023 C/W WP No. 3333 of 2023 WP No. 4429 of 2023 WP No. 4438 of 2023 WP No. 6310 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF JANUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 4648 OF 2023 (GM-RES) C/W WRIT PETITION NO. 3333 OF 2023(LA-RES), WRIT PETITION NO. 4429 OF 2023(LA-RES), WRIT PETITION NO. 4438 OF 2023(LA-RES), WRIT PETITION NO. 6310 OF 2023(LA-RES)

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IN WP NO. 4648 OF 2023:

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BETWEEN:

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J. R. BASAVARAJAPPA S/O J. RUDRAPPA, AGED ABOUT 66 YEARS, GANGA MIG 42/A, 2^ND PHASE, K.H.V. COLONY, NEAR LAST BUS STOP, OPP GANAPATHI TEMPLE, GOPALA, SHIVAMOGGA - 577205.

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…PETITIONER

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Digitally signed by VINUTHA B S Location: HIGH COURT OF KARNATAKA

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(BY SRI.K.G.KAMATH, ADVOCATE)

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AND:

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SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS, K.R.CIRCLE, BENGALURU-560 001.

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THE CHIEF ENGINEER-REGIONAL OFFICER, THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH), NO.32, 2^ND FLOOR, KSCFL BUILDING, RACE COURSE ROAD, BENGALURU-560 001.

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NC: 2024:KHC:2785 WP No. 4648 of 2023 C/W WP No. 3333 of 2023 WP No. 4429 of 2023 WP No. 4438 of 2023 WP No. 6310 of 2023

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THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REP. BY ITS REGIONAL DIRECTOR, BASAVAPURA, RAMADEVARAPADA, RAMANAGARA – 562 128.

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…RESPONDENTS

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(V/O. DATED 10.03.2023, BY SRI. CHETHAN S.P., ADVOCATE FOR SRI. NISHANT A.V. ADVOCATE FOR R2; SRI. SHOBITH N. SHETTY, ADVOCATE TAKES NOTICE FOR R1 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO RELEASE THE AMOUNT AS PER THE ORDER DT 01.08.2019, PASSED BY THE DEPUTY COMMISSIONER CUM ARBITRATOR (NH-13) OF CHITRADURGA PROCEEDINGS NO.ARB/NH-13.CR.15/2014-15 PRODUCED AS ANNX-A AND ETC.,

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IN WP NO. 3333 OF 2023:

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BETWEEN:

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SMT. SUMA J. R., W/O J. M. RAJASHEKARA MURTHY, AGED ABOUT 55 YEARS, RESIDENT OF NO.30, C. B. ROAD, TAHASHILDAR HOUSE, OPP WARD 12, HOLALKERE, CHITRADURGA -577 526.

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…PETITIONER

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(BY SRI. GOVINDARAYA KAMATH K.,ADVOCATE)

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AND:

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SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS, K.R. CIRCLE, BENGALURU- 560 001.

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3 - NC: 2024:KHC:2785 WP No. 4648 of 2023 C/W WP No. 3333 of 2023 WP No. 4429 of 2023 WP No. 4438 of 2023 WP No. 6310 of 2023

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THE CHIEF ENGINEER - REGIONAL OFFICER THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH) NO. 32, 2^ND FLOOR, KSCFL BUILDING, RACE COURSE ROAD, BENGALURU -560 001.

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CHIEF ENGINEER, NATIONAL HIGHWAY, K.R. CIRCLE, BANGALORE- 560 001.

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…RESPONDENTS

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(V/O. DATED 11/04/2023, BY SRI. P. PRASAD, ADVOCATE FOR R1 AND R2; SRI. CHETHAN S.P., ADVOCATE FOR SRI. NISHANT A.V., ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE OF THE AMOUNT AS PER THE ORDER DTD. 07.02.2019 PASSED BY THE DEPUTY COMMISSIONER CUM ARBITRATOR (NH-13) OF CHITRADURGA PRODUCED AS ANNX-B AND ETC.

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IN WP NO. 4429 OF 2023:

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BETWEEN:

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SHIVARAJU C., S/O C. CHANNABASAPPA, AGED ABOUT 55 YEARS, R/AT C. B. ROAD, 13^TH WARD, OPP VETARNARY HOSPITAL, HOLALKERE, CHITRADURGA -577 526.

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…PETITIONER

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(BY SRI. GOVINDARAYA KAMATH K.,ADVOCATE)

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4 - NC: 2024:KHC:2785 WP No. 4648 of 2023 C/W WP No. 3333 of 2023 WP No. 4429 of 2023 WP No. 4438 of 2023 WP No. 6310 of 2023

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AND:

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SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS, K. R. CIRCLE, BENGALURU -560 001.

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THE CHIEF ENGINEER -REGIONAL OFFICER, THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH) NO.32, 2^ND FLOOR, KSCFL BUILDING, RACE COURSE ROAD, BENGALURU -560 001.

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CHIEF ENGINEER, NATIONAL HIGHWAY, K.R. CIRCLE, BANGALORE- 560 001.

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…RESPONDENTS

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(BY SRI.P. PRASAD, ADVOCATE FOR R1 AND R3; SRI. CHETHAN S.P., ADVOCATE FOR SRI. NISHANTH A.V., ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO RELEASE OF THE AMOUNT AS PER THE ORDER DATED 07/02/2019 PASSED BY THE DEPUTY COMMISSIONER CUM ARBITRATOR (NH-13) OF CHITRADURGA PROCEEDINGS NO. ARB/NH-13.CR.102/201415 PRODUCED AS ANNEXURE-B AND ETC.

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IN WP NO. 4438 OF 2023:

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BETWEEN:

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MR. H.E. HALESH S/O K. H. ESHWARAIAH, AGED ABOUT 57 YEARS, R/AT 1129,TAHSILDAR HOUSE, OPP C.B. ROAD, 13^TH WARD, OPP VETARNARY HOSPITAL, HOLALKERE, CHITRADURGA-577 526.

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…PETITIONER

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(BY SRI. GOVINDRAYA KAMATH K.,ADVOCATE)

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5 - NC: 2024:KHC:2785 WP No. 4648 of 2023 C/W WP No. 3333 of 2023 WP No. 4429 of 2023 WP No. 4438 of 2023 WP No. 6310 of 2023

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AND:

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SPECIAL LAND ACQUISITION OFFICER COMPETENT AUTHORITY, NATINAL HIGHWAYS, K. R. CIRCLE, BENGALURU-560 001.

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THE CHIEF ENGINEER - REGIONAL OFFICER THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH), NO.32, 2ND FLOOR, KSCFL BUILDING, RACE COURSE ROAD, BENGALURU-560 001.

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CHIEF ENGINEER, NATIONAL HIGHWAY, K.R. CIRCLE, BANGALORE- 560 001

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…RESPONDENTS

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(BY SRI.P. PRASAD, ADVOCATE FOR R1 AND R3; SMT. PRIYANKA S. BHAT, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO RELEASE OF THE AMOUNT AS PER THE ORDER DATED 07/02/2019, PASSED BY THE DEPUTY COMMISSIONER CUM ARBITRATOR (NATIONAL HIGHWAYS-13) CHITRADURGA DISTRICT IN PROCEEDINGS NO. ARB/NH-13/CR/39/2017 OF CHITRADURGA PRODUCED AS ANNEXURE-B AND ETC.

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IN W.P. NO. 6310 OF 2023:

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BETWEEN:

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MR. R. NAGARAJA S/O BADAGIRANGAPPA ALIAS RANGAPPA AGED ABOUT 45 YEARS, WARD NO.13, C.B.ROAD, OPP PETROL BUNK, HOLALKERE, CHITRADURGA - 577526.

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…PETITIONER (BY SRI. GOVINDARAYA KAMATH K.,ADVOCATE)

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6 - NC: 2024:KHC:2785 WP No. 4648 of 2023 C/W WP No. 3333 of 2023 WP No. 4429 of 2023 WP No. 4438 of 2023 WP No. 6310 of 2023

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AND:

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SPECIAL LAND ACQUISITON OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS, K.R.CIRCLE, BENGALURU – 560 001.

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THE CHIEF ENGINEER - REGIONAL OFFICER, THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH), NO.32, 2^ND FLOOR, KSCFL BUILDING, RACE COURSE ROAD, BENGALURU – 560 001.

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CHIEF ENGINEER, NATIONAL HIGHWAY, K.R. CIRCLE, BANGALORE- 560 001.

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…RESPONDENTS

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(BY SRI. KIRAN KUMAR, HCGP FOR R1; SRI. CHETHAN S.P., ADVOCATE FOR SRI. NISHANTH A.V., ADVOCATE FOR R2; SRI. P. PRASAD, ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RELEASE THE AMOUNT AS PER THE ORDER DTD 03/10/2019, PASSED BY THE DEPUTY COMMISSIONER CUM ARBITRATOR (NH-13) OF CHITRADURGA PROCEEDINGS NO. ARB/NH-13/CR/89/2017 PRODUCED AS ANNEXURE-B AND ETC.

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THESE PETITIONS, COMING ON PRELIMINARY HEARING B - GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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7 - NC: 2024:KHC:2785 WP No. 4648 of 2023 C/W WP No. 3333 of 2023 WP No. 4429 of 2023 WP No. 4438 of 2023 WP No. 6310 of 2023

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ORDER

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In all these matters the grievance is as to nonpayment of compensation, solatium and the interest thereon for the land allegedly taken for the public purpose.

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Learned Advocates appearing for the petitioners

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submit that till date nothing has happened despite making representations and there are no prospects of anything being done by the answering respondents in the near future. They highlights the requirement of making payment of compensation when private property is acquired for public purpose by the State as guaranteed under Article 300-A of the Constitution of India, vide K.T.

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PLANTATION PVT. LTD. V. STATE OF KARNATAKA

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(2011) 9 SCC 1.They complain that even the material particulars of the award amount paid/payable as compensation, the factors based upon which compensation is determined and payments if any are made, have also not been furnished by the respondents despite demand.

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8 - NC: 2024:KHC:2785 WP No. 4648 of 2023 C/W WP No. 3333 of 2023 WP No. 4429 of 2023 WP No. 4438 of 2023 WP No. 6310 of 2023

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Learned counsel appearing for the answering

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respondents having initially opposed the petitions, now submits that if an appropriate representation is filed afresh by the petitioners with necessary particulars, the same shall be considered on individual basis and all particulars & documents shall be furnished to them within a reasonable time. This is fair enough.

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In view of the above, these petitions are disposed of reserving liberty to the petitioners to make appropriate representations within four weeks and if they are so made, the jurisdictional respondents shall consider or cause them to be considered in accordance with law, within a period of eight weeks; result of such consideration shall be informed to each of the petitioners within one week next following failing which heavy costs may be levied and the same may ordered to be recovered personally from the erring officials concerned.

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9 - NC: 2024:KHC:2785 WP No. 4648 of 2023 C/W WP No. 3333 of 2023 WP No. 4429 of 2023 WP No. 4438 of 2023 WP No. 6310 of 2023

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With the above observations, these writ petitions are

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disposed off .

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It is open to solicit any information/documents from the side of the petitioners for due consideration of their grievance. However, in the guise of such solicitation, no delay shall be brooked.

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Now, no costs.

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Sd/JUDGE

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NS CT:TSM List No.: 1 Sl No.: 30

J R Basavarajappa v. Spcial Land Acquisition Officer and

Case brief

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J R Basavarajappa v. Spcial Land Acquisition Officer and

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