Disposed

Sri. Manjunath D K v. State of Karnataka

Karnataka HC10 Jan 2024WP/896/2024

Case brief

AI extract

What is this about?

Petitioner sought a supplementary award for compensation for unclaimed trees and malkies on acquired land. Court directed the Special Land Acquisition Officer to consider the request and pass appropriate orders within three months.

What did the court decide?

Special Land Acquisition Officer directed to direct petitioner to appear, consider representation regarding trees/malkies, and pass appropriate orders within three months.

Sri. Manjunath D K Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:1116 WP No. 896 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 896 OF 2024 (LA-KIADB)

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BETWEEN:

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SRI. MANJUNATH D.K., S/O LATE KRISHNAPPA, AGED ABOUT 59 YEARS, R/AT DODDATOOGOORU VILLAGE, ELECTRONIC CITY, BENGALURU - 560 100.

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…PETITIONER

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(BY SRI. RAJESWARA P.N., ADVOCATE)

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AND:

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STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, DR. B.R. AMBEDKAR VEEDHI, VIKAS SOUDHA, BENGALURU - 01, REP. BY ADDITIONAL CHIEF SECRETARY.

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Digitally signed by H K HEMA Location: High Court of Karnataka

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THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, IV & V FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. REP. BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER.

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THE SPECIAL DEPUTY COMMISSIONER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, IV & V FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001.

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THE SPECIAL LAND ACQUISITION OFFICER-NIMZ,

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NC: 2024:KHC:1116 WP No. 896 of 2024

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KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, MARUTHI TOWERS, 1^ST FLOOR, NEXT TO SIT COLLEGE, B.H.ROAD, TUMKUR - 572 102.

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…RESPONDENTS

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(BY SRI. NAVEEN CHANDRASHEKAR, AGA FOR R1; SRI. C. RAMAKRISHNA, ADVOCATE FOR R2 TO R4)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PASS SUPPLEMENTARY AWARD IN RESPECT OF THE TREES AND MALKIES AS PER THE PETITIONER'S REPRESENTATION DATED 17.04.2023 AND 29.06.2022 IN RESPECT OF SY.NO.72/1 AND SY.NO.73 OF SOREKUNTE VILLAGE, BELLAVI HOBLI, TUMKUR TALUK AT ANNEXURE-A, A1 AND A2 AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Case of the petitioner is that his land in Sy.Nos.72/1 and 73 of Sorekunte village, Bellavi Hobli, Tumkur Taluk were acquired for the purpose of KIADB. It is further submitted that the compensation for acquisition of the land has been paid, however, complete compensation for trees and malkies standing on the land has not been paid.

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Learned counsel for respondent Nos.2 to 4 submits that once the land is acquired, there is valuation report made in respect of trees and malkies standing on the land concerned

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3 - NC: 2024:KHC:1116 WP No. 896 of 2024

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and if compensation is not paid properly, the same will be paid after due verification.

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In this regard, learned counsel for the petitioner submits that he may be permitted to make a representation and appear before respondent No.4 and it may be directed to consider his request and pass appropriate orders in accordance with law.

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Learned counsel for respondent Nos.2 to 4 has no

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objection for the same.

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Hence, the following:

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ORDER

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The petitioner is directed to appear before respondent No.4 on 05.02.2024 with all necessary particulars;

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Respondent No.4 shall consider the request of the petitioner in accordance with law and pass appropriate orders;

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Already passing of an award in respect of properties acquired will not come in the way of respondent No.4 for passing a supplementary

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NC: 2024:KHC:1116 WP No. 896 of 2024

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award, if it is found that there were trees and malkies standing on the land of the petitioner, for

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which the compensation has not been paid;

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Respondent No.4 shall pass appropriate orders within a period of three months from the date of first appearance of the petitioner before him.

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The writ petition stands disposed of accordingly.

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Sd/JUDGE

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PGG CT: BHK

Sri. Manjunath D K v. State of Karnataka

Case brief

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Sri. Manjunath D K v. State of Karnataka

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