Allowed¶40

Eranna v. State of Karnataka

Land acquisition – Karnataka HC

Karnataka HC23 Jan 2025WP/25187/2022

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Case brief

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What is this about?

WP No. 25187/2022 (LA-RES), Eranna v. State of Karnataka & Ors., High Court of Karnataka (Bengaluru), M.G.S. Kamal J, decided 23.01.2025; land acquisition award dated 23.10.2013 (SLAO S.R. Thu-Ra Railway 05/2011-12) for Sy. No. 26/2, 3 guntas, Honnenahalli village, Tumkur, set aside; fresh award directed under RFCTLARR Act 2013 following coordinate bench orders dated 21.07.2016 (W.P.23524-23537/2014 c/w 26802-26807/2014) and 21.06.2019 (W.P.13955-56/2018); petition allowed.

What did the court decide?

Impugned award dated 23.10.2013 (Annexure-C) in respect of Sy. No. 26/2 (3 guntas), Honnenahalli village, set aside; respondent No.2 directed to pass a fresh award in terms of the Coordinate Bench order dated 21.07.2016 and subsequent similar orders. ¶40

Eranna Vs State of Karnataka — Land Acquisition | Karnataka HC (2025)

What the court decided

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Outcome

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Issue for consideration

Whether the award bearing No. SLAO S.R.(Thu-Ra Railway) 05/2011-12 dated 23.10.2013 passed by respondent No.2 in respect of Sy. No. 26/2 (3 guntas), Honnenahalli village, should be quashed and a fresh award passed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in line with the Coordinate Bench orders.

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Court's answer

The issue involved in the petition stands covered by the orders of the Coordinate Bench, and the Court sees no reason not to allow the petition in line with those orders.

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Ratio / Principle

The impugned award dated 23.10.2013 passed by respondent No.2 at Annexure-C is set aside.

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Key takeaways

Respondent No.2 is directed to pass a fresh award in terms of the direction issued in the order dated 21.07.2016 in W.P.No.23524-23537/2014 c/w W.P.No.26802-26807/2014 and subsequent orders in similar writ petitions.ratio¶41

Detailed headnote1 paragraphs

Land acquisition - Karnataka HC - Writ petition under Articles 226/227 challenging award dated 23.10.2013 of the Special Land Acquisition Officer (Rayadurga railway project) for Sy. No. 26/2 (3 guntas), Honnenahalli village, Tumkur - Counsel for both sides submitted that the issue stood covered by the Coordinate Bench order dated 21.07.2016 in W.P.No.23524-23537/2014 c/w W.P.No.26802-26807/2014, consistently followed including by order dated 21.06.2019 in W.P.Nos.13955-56/2018 (Annexure-E), whereby such awards were set aside with direction to pass fresh awards under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Court allowed the petition, set aside the impugned award (Annexure-C) and directed respondent No.2 to pass a fresh award in terms of the said directions.

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NC: 2025:KHC:3066 WP No. 25187 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25187 OF 2022 (LA-RES)

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BETWEEN:

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ERANNA S/O LATE CHIKKANNA AGED ABOUT 70 YEARS, AGRICULTURIST, R/AT HONNENAHALLI VILLAGE, DIBBUR POST, KASABA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 101.

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…PETITIONER

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(BY SRI. VIRUPAKSHAIAH P H.,ADVOCATE)

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AND:

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Digitally signed by ROOPA R U Location: High Court of Karnataka

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STATE OF KARNATAKA

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RERPESENTED BY ITS PRICNIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING BENGALURU - 560 001.

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THE SPECIAL LAND ACQUISITION OFFICER TUMKUR RAYADURGA NEW BOARD GAUGE RAILWAY PROJECT MINI VIDHANA SOUDHA TUMKUR - 572 105.

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THE GENERAL MANAGER SOUTH WESTERN RAILWAYS KESHAVAPURA

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NC: 2025:KHC:3066 WP No. 25187 of 2022

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HUBLI - 580 023.

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…RESPONDENTS

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(BY SMT. B. SUKANYA BALIGA, AGA FOR R1 AND R2; SRI. NAGENDRA A CGC FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASHING THE AWARD BEARING NO. SLAO S.R.(THU-RA RAILWAY) 05/2011-12 DATED 23.10.2013 PASSED BY THE R2 AUTHORITY VIDE ANNEXURE C IN RESPECT OF THE LAND BEARING SY.NO. 26/2 MEASURING TO AN EXTENT OF 3 GUNTAS SITUATED AT HONNENAHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT IS CONCERNED AND ETC.

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

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioners are before this Court seeking following

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reliefs;

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a) Issue Writ in the nature of Certiorari or any other Order or Direction in the similar nature quashing the Award bearing No. SLAO S.R. (Thu-Ra Railway) 05/201112 dated 23.10.2013 passed by the 2nd respondent authority vide Annexure-C in respect of the lands bearing Sy. No. 26/2 measuring to an extent of 3 guntas situated at Honnenahalli village, Kasaba Hobli, Tumkur Taluk & District is concerned.

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b) Issue Writ in the nature of Mandamus or any other Writ or Direction in the similar nature directing the 2nd respondent authority to make payment of compensation in favour of the petitioners in respect of the acquired land bearing Sy.No.26/2 measuring to an extent of 3 guntas situated at Honnenahalli village, Kasaba Hobli, Tumkur Taluk & District under the provisions of the Right

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NC: 2025:KHC:3066 WP No. 25187 of 2022

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to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;

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c) Grant any such other relief or relief's as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.

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Learned counsel for the petitioners as well as

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the learned counsel for the respondents submit that the issue involved in this petition stands covered by the orders passed by the Coordinate Bench of this Court in W.P.No.23524-23537/2014 connected with W.P.No.2680226807/2014 dated 21.07.2016 which is consistently followed by the other Coordinate Bench of this Court including the order dated 21.06.2019 passed in W.P.Nos.13955-56/2018 produced by the petitioner at Annexure-E. In terms of which the awards that were passed therein have been set aside with a direction to the respondent-authorities to pass fresh award in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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NC: 2025:KHC:3066 WP No. 25187 of 2022

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In that view of the matter this Court do not see

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any reason not to allow this petition in the lines with the orders passed by the Coordinate Bench of this Court in the aforesaid writ petitions.

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In that view of the matter, petition is allowed .

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Impugned award dated 23.10.2013 passed by the respondent No.2 at Annexure-C is set aside. Respondent No.2 is directed to pass fresh award in terms of the direction issued by this Court in the order dated 21.07.2016 passed in W.P.No.23524-23537/2014 connected with W.P.No.26802-26807/2014 and subsequent orders passed in the similar writ petitions referred to above.

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Sd/- (M.G.S. KAMAL) JUDGE

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RU, List No.: 1 Sl No.: 35

Eranna v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Eranna v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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What the court decided

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