Smt Jayamma Vs the Special Land Acquisition Officer

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1 - NC: 2025:KHC:53885 WP No. 19759 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO.19759 OF 2025 (LA-RES)

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BETWEEN:

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SMT. JAYAMMA W/O R. NINGEGOWDA, AGED ABOUT 78 YEARS, REPRESENTED BY HER GPA HOLDER SHRI R. NINGEGOWDA S/O LT RANGAPPA AGED ABOUT 82 YEARS, R/AT NO.6, 39^TH A CROSS, 5^TH BLOCK, JAYANAGAR, BANGALORE-560041. …PETITIONER (BY SRI Y.R. SADASHIVA REDDY, SENIOR COUNSEL FOR SRI J.M. RAJANNA SETTY, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA STATE ROAD DEVELOPMENT CORPORATION LTD., 3^RD FLOOR, SAMPARKA SOUDHA, ORION MALL OPPOSITE DR. RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE-560010. …RESPONDENT

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(BY SRI VIJAYA KUMAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE INTIMATION LETTER 19.06.2025 BEARING KSRDCL/LA/BSR3/HOSKOTE/C.R-8/2022-23/976 VIDE ANNEXURE-N ISSUED BY RESPONDENT AND ETC.

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NC: 2025:KHC:53885 WP No. 19759 of 2025

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HC-KAR

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioner has approached this Court seeking for the following reliefs:

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“a) Issue a Writ or Order or direction in the nature of Certiorari quashing the Intimation letter dated 19.6.2025 bearing KSRDCL/LA/BSR3/HOSKOTE/C.R-8/2022-23/976 vide ANNEXURE-N issued by Respondent. AND

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(b) Issue a writ or order or direction in the nature of MANDAMUS directing the respondents to pay the award amount along with interest in tenor of section-80 of RFCTLAR Act 2013 for the land bearing Sy.No.23/1 of Hoskote Village, Kanakapura Taluk, Ramanagara District, in the interest justice.

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(c) Issue any other Writ or Order or Direction as this Hon'b Court deems fit, in the circumstances of the case, in the interest of justice and equity.”

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2. Heard Sri Y.R. Sadashiva Reddy, learned Senior

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Counsel for Sri J.M. Rajanna Setty, learned counsel for the

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NC: 2025:KHC:53885 WP No. 19759 of 2025

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HC-KAR

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petitioner and Sri Vijaya Kumar, learned counsel for the respondent.

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Learned Senior Counsel for the petitioner submits that prayer No.(a) seeking quashing of the intimation letter is not pressed, as the said communication merely calls upon the petitioner to produce relevant documents.

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The said submission is placed on record.

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Insofar as prayer No.(b) is concerned, learned Senior Counsel submits that an award has already been passed by the respondent and notice under Section 37 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (‘the Act, 2013’ for short) was issued on 28.09.2021. It is contended that despite the petitioner having produced required documents and executing the necessary affidavit, the compensation amount has not been disbursed.

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4 - NC: 2025:KHC:53885 WP No. 19759 of 2025

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HC-KAR

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It is further submitted that the respondent has withheld payment on the ground of pendency of O.S.No.261/2016. However, the property involved in the said suit was erroneously described, for which an application for amendment was filed and the defect has since been rectified. More importantly, there is no interim order or injunction restraining the respondent from disbursing the compensation amount.

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Learned counsel appearing for the respondent submits that the respondent would consider the matter and pass appropriate orders in accordance with law.

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Having regard to the fact that the award was passed in the year 2021 and that there was no legal impediment or subsisting order restraining the respondent from releasing the compensation, this Court is of the considered view that the petitioner is entitled to payment of award amount along with statutory interest. Continued non-payment of compensation despite completion of

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NC: 2025:KHC:53885 WP No. 19759 of 2025

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HC-KAR

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acquisition proceedings, cannot be sustained. In these circumstances, this Court pass the following:

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ORDER

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i. The writ petition is disposed of.

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ii. The respondent is directed to pay the award amount along with the interest in terms of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of six weeks from the date of receipt of the certified copy of this order.

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Sd/-

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JUSTICE K.S. HEMALEKHA

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AT/

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List No.: 1 Sl No.: 10

Smt Jayamma v. the Special Land Acquisition Officer

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Smt Jayamma v. the Special Land Acquisition Officer

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