Disposed¶46

Mohammed Azaruddeen v. the Government of Karnataka

Karnataka HC31 Oct 2025WP/29093/2025

Case brief

AI extract

What is this about?

Section 28A Land Acquisition Act 1894 re-determination of compensation; time-bound disposal direction (3 months) to LAO/AC Mangalore Sub-Division; Article 226 writ (LA-RES); follows Krishnananda D W.P.No.13795/2023 (d.d. 17.07.2023) eight-month direction; Section 28A beneficial provision vs Section 18 reference; notice to interested persons; claimed Rs.7,000 plus statutory benefits per MFA No.4361/2011 (22.04.2014); Karnataka HC, 31.10.2025; Justice K.S. Hemalekha.

What did the court decide?

Respondent No.3 directed to consider and dispose of the petitioner's Section 28A application within an outer limit of three months from receipt of the order, strictly in accordance with law, to pass appropriate orders accordingly, and to issue notice to all interested persons on the application. ¶46

Mohammed Azaruddeen Vs the Government of Karnataka — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent No.3 (Land Acquisition Officer and Assistant Commissioner, Mangalore Sub-Division) should be directed to dispose of the petitioner's pending application under Section 28A of the Land Acquisition Act, 1894 for re-determination of compensation within a time-bound manner.

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Court's answer

Section 28A of the LA Act is a beneficial provision intended to provide solace to those landowners or interested persons to claim just compensation payable to them, even if they have not sought reference under Section 18 of the LA Act.

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Ratio / Principle

In light of the earlier order of this Court in Krishnananda D. directing respondent No.3 to dispose of all applications filed under Section 28A of the LA Act within eight months, this Court deemed it appropriate to direct respondent No.3 to conclude the proceedings within a time-bound manner.

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Key takeaways

Respondent No.3 was directed to consider and dispose of the petitioner's application filed under Section 28A of the LA Act within an outer limit of three months from the date of receipt of the order, strictly in accordance with law.ratio¶47
Respondent No.3 shall pass appropriate orders, strictly in accordance with law.ratio¶53
On the application, the respondents are to issue notice to all the interested persons.ratio

Detailed headnote1 paragraphs

Writ Petition (LA-RES) No. 29093 of 2025, High Court of Karnataka (Justice K.S. Hemalekha), order dated 31.10.2025: The petitioner, a landowner of Kolambe Village, Mangaluru, had filed an application under Section 28A of the Land Acquisition Act, 1894 before respondent No.3, the Land Acquisition Officer and Assistant Commissioner, Mangalore Sub-Division, seeking re-determination of compensation of Rs.7,000/- plus statutory benefits on the basis of the amount awarded by the Hon'ble Karnataka High Court in MFA No.4361/2011 (Order dated 22.04.2014, Annexure-F). Aggrieved that the application had not been disposed of despite the Co-ordinate Bench direction in Krishnananda D., Vs. The Government of Karnataka and Others (W.P.No.13795/2023 and connected matters, d.d. 17.07.2023) to dispose of all Section 28A applications within eight months, he approached this Court under Article 226. Noting that Section 28A is a beneficial provision enabling landowners or interested persons who did not seek reference under Section 18 of the LA Act to claim just compensation, and in light of the Krishnananda D. order, the Court disposed of the writ petition, directing respondent No.3 to consider and dispose of the Section 28A application within an outer limit of three months from receipt of the order, strictly in accordance with law, to pass appropriate orders accordingly, and to issue notice to all interested persons on the application.

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1 - NC: 2025:KHC:43686 WP No. 29093 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 31^ST DAY OF OCTOBER, 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.29093 OF 2025 (LA-RES)

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BETWEEN:

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MOHAMMED AZARUDDEEN S/O LATE SHEIKH BYARI @ AI SHEIKABBA AGED ABOUT 38 YEARS R/O SOUHARDHA NAGARA, KOLAMBE VILLAGE, BAJPE POST, MANGALURU-574142. …PETITIONER

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(BY SRI MAITREYI KRISHNAN, ADVOCATE)

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AND:

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THE GOVERNMENT OF KARNATAKA STATE OF KARNATAKA, M.S. BUILDING, BENGALURU-56001.

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REPRESENTED BY ITS CHIEF SECRETARY.

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

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THE GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, STATE OF KARNATAKA M.S. BUILDING, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, MANGALORE SUB-DIVISION, MANGALURU-575001. …RESPONDENTS

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(BY SRI HARISHA A.S., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 3^RD RESPONDENTS TO DISPOSE OF THE APPLICATION UNDER SECTION 28A OF THE LAND ACQUISITION ACT, 1894 (PLACED AS

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NC: 2025:KHC:43686 WP No. 29093 of 2025

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HC-KAR

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ANNEXURE-D) AND TO PASS AN ORDER THAT THE PETITIONER IS ENTITLED TO A RE-DETERMINED AMOUNT OF COMPENSATION OF RS.7,000/- (RUPEES SEVEN THOUSAND ONLY) ALONG WITH ALL THE STATUTORY BENEFITS ON THE BASIS OF THE AMOUNT AWARDED BY THE HON’BLE KARNATAKA HIGH COURT IN ORDER DATED 22.04.2014 IN MFA NO.4361/2011 (PLACED AS ANNEXURE-F) WITHIN A PERIOD OF 3 MONTH.

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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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Learned Additional Government Advocate accepts

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notice for the respondents.

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The petitioner is seeking for the following

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reliefs:

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“1. Directing the 3^rd respondents to dispose of the Application under Section 28A of the Land Acquisition act, 1894 (placed as Annexure-D) and to pass an order that the Petitioner is entitled to a re-determined amount of compensation of Rs.7,000/- (Rupees Seven Thousand Only) along with all the statutory benefits on the basis of the amount awarded by the Hon’ble Karnataka High Court in Order dated 22.04.2014 in MFA No.4361/2011 (placed as Annexure-F) within a period of 3 month.

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3 - NC: 2025:KHC:43686 WP No. 29093 of 2025

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HC-KAR

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2. Grant such other relief or reliefs, which this Hon’ble court may be pleased to grant in the circumstances of the case, in the interest of justice and equity.”

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Heard learned counsel for the petitioner and

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learned AGA for the respondent.

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The petitioner has filed an application under Section 28A of the Land Acquisition Act, 1894 (‘LA Act’ for short), before respondent No.3-Land Acquisition Officer and Assistant Commissioner seeking the re-determination of compensation.

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The grievance of the petitioner is that despite the order passed by the Co-ordinate Bench of this Court in the case of Krishnananda D., Vs. The Government of Karnataka and Others¹ (Krishnananda D), directing disposal of such applications filed under Section 28A of the LA Act within eight months from the date of that order, the

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1 W.P.No.13795/2023 and Connected matters D.D.17.07.2023

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4 - NC: 2025:KHC:43686 WP No. 29093 of 2025

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HC-KAR

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respondents have not taken steps to comply with the said direction.

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Having regard to the fact that the Section 28A

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of the LA Act is a beneficial provision intended to provide solace to those landowners or interested persons to claim just compensation payable to them, even if they have not sought reference under Section 18 of the LA Act, and in light of the earlier order of this Court in the case of Krishnananda D ., directing respondent No.3 to dispose of all the applications filed under Section 28A of the LA Act within eight months, this Court deems it appropriate to direct respondent No.3 to conclude the proceedings within

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a time-bound manner. Thus, this Court pass the following:

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ORDER

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