Disposed

Sri. Chandrashekar R v. the State of Karnataka

Karnataka HC20 Sept 2024WP/9113/2024

Case brief

AI extract

What is this about?

A Land Acquisition Bench hearing a writ petition under Articles 226 and 227 of the Constitution of India, the court directed the State of Karnataka to refer the matter regarding enhanced compensation for agricultural land to the appropriate court under Section 18 of the Land Acquisition Act within four weeks.

What did the court decide?

Direction to the acquiring authority to consider reference of the matter regarding enhanced compensation under Section 18 of the Act within four weeks.

Sri. Chandrashekar R Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:38796-DB WP No. 9113 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2024 PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9113 OF 2024 (LA-BDA)

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BETWEEN:

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SRI. CHANDRASHEKAR R, S/O RAMAKRISHNAPPA, AGED ABOUT 50 YEARS, R/AT NO.21 KODANDARAMA GARDEN, JEEVANAHALLI, COCKS TOWN, FRAZER TOWN, BENGALURU – 560 005.

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…PETITIONER

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(BY SRI. DIVAKARA P S.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, REP BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR STREET, BENGALURU 560 001.

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THE SPECIAL LAND ACQUISITION OFFICER 4, SHIVARAMAKARANTH LAYOUT, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU 560 020.

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THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORIYT, KUMARA PARK WEST, BENGALURU 560 020.

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…RESPONDENTS

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(BY MS. ANUKANKSHA KALLSERI., HCGP FOR R1;

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SRI.SHIVAPRASAD SHANTHANAGOUDAR., STANDING COUNSEL FOR R2 & R3)

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2 - NC: 2024:KHC:38796-DB WP No. 9113 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER, DIRECTION OR DIRECTION IN THE NATURE OF MANDAMUS AGAINST THE RESPONDENTS TO SEND REFERENCE UNDER SECTION 30 AND 18 OF LAND ACQUISITION OF ACT 1984 FOR DETERMINATION OF OWNERSHIP AND COMPENSATION WITH RESPECT OF AGRICULTURAL LANDS IN SY. NO. 65/1, MEASURING 09 ACRES 05 GUNTAS, 76/2, MEASURING 38 GUNTAS, 64/3 MEASURING 01 ACRES 30 GUNTAS WHICH ARE REFERRED IN ANNEXURE C, D AND E OF THE WP.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and

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HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE M NAGAPRASANNA)

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The Petitioner is before this Court seeking the

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following reliefs:

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“a) Issue a Writ, Order, direction or direction in the nature of mandamus against the respondents to send reference under section 30 &18 of land acquisition of Act 1984 for determination of ownership and compensation with respect of agricultural lands in Sy.no.65/1, measuring 09 acres 05 guntas, 76/2, measuring 38 guntas, 64/3 measuring 01 acres 30 guntas which are referred in annexure C, D and E of the writ petition.

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b) Issue a direction or writ or order which is deems fit in the facts and circumstances of the case, in the interest of justice and equity.”

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3 - NC: 2024:KHC:38796-DB WP No. 9113 of 2024

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The lands of the Petitioner is said to have been

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acquired and compensation determined at a particular amount. The claim of the petitioner is enhanced compensation. Therefore, seeks a direction by issuance of writ in the nature of Mandamus to refer the matter to the Reference Court under Sections 18 of the land acquisition Act, 1894.

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In the light of prayer being innocuous, we deem it appropriate to direct the respondent – acquiring authority to consider reference of the matter under section 18 of the Act to the appropriate Court, within four weeks from the date of receipt of a copy of this order.

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With the aforesaid observations, Writ Petition stands disposed.

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Ordered accordingly.

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Sd/- (KRISHNA S DIXIT) JUDGE

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Sd/(M.NAGAPRASANNA) JUDGE

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Bsv

Sri. Chandrashekar R v. the State of Karnataka

Case brief

What is this about?

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Sri. Chandrashekar R v. the State of Karnataka

Case brief

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