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

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

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to seek appropriate remedy in accordance with law for enhancement of compensation as provided under law (Land Acquisition Act, 1894); no enhancement of compensation was granted or directed by this Court.

Issue for consideration

Whether a writ petition under Articles 226 and 227 of the Constitution of India seeking enhancement of land acquisition compensation is maintainable, or whether enhancement must be pursued through the remedy provided under the Land Acquisition Act, 1894. +1 more

Court's answer

The writ petition was disposed of, reserving liberty to the petitioner to seek appropriate remedy in accordance with law for enhancement of compensation as provided under law.

Ratio / Principle

On the Court's query, the maintainability of a writ petition seeking enhancement of compensation was treated as doubtful, and enhancement is to be pursued through the statutory remedy under the Land Acquisition Act, 1894 rather than by this writ petition.

Detailed headnote1 paragraphs

Writ Petition No. 30196 of 2024 (LA-RES) under Articles 226 and 227 of the Constitution of India: Sunandamma sought a writ of mandamus directing the respondents to modify and enhance compensation for her land bearing Sy.No.70/2 measuring 0-36G at Chikkonahallipura Village, Nagamangala Taluk, Mandya District, from Rs.5,625/- per gunta to Rs.80,000/- per gunta, relying on the higher compensation awarded for adjoining land in LAC No.89/2018 on the file of the II Additional District and Sessions Judge, Mandya. On a query by the Court (Justice M.G.S. Kamal) regarding the maintainability of a writ petition seeking enhancement of compensation, learned counsel for the petitioner submitted that liberty be reserved to pursue the appropriate remedy. Taking the submission on record, the Court disposed of the petition reserving liberty to the petitioner to seek enhancement of compensation in accordance with law as provided under the Land Acquisition Act, 1894. No enhancement was granted by this Court.

1 -

NC: 2025:KHC:1619 WP No. 30196 of 2024

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

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 30196 OF 2024 (LA-RES)

BETWEEN:

SUNANDAMMA

W/O LATE ESWARAPPA, AGED ABOUT 57 YEARS, R/O CHIKKONAHALLIPURA VILLAGE, BINDIGENAVILE HOBLI, NAGAMANGALA-TALUKA-571432, MANDYA-DISTRICT

…PETITIONER

(BY SRI. SIDDARAJU M., ADVOCATE)

AND:

Digitally signed by SUMA B N Location: High Court of Karnataka

THE STATE OF KARNATAKA REPT. BY CHIEF SECRETARY, REVENUE DEPARTMENT (LAND ACQUISITION NO.1 AND 3) VIKAS SOUDHA, BENGALURU-01

THE DEPUTY COMMISSIONER, MANDYA-DISTRICT, MANDYA-571401

THE ASSISTANT COMMISSIONER, PANADAVAPURA-SUB-DIVISION, PANADAVAPURA-571434

THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION) SOUTH-WESTERN RAILWAY, CANTONMENT, BENGALURU-560056

2 -

NC: 2025:KHC:1619 WP No. 30196 of 2024

THE SPECIAL LAND ACQUISITION OFFICER, MANDYA, MANDYA-DISTRICT-571401

THE DEPUTY CHIEF ENGINEER, SOUTH RAILWAY WORK BENGALURU-560056

…RESPONDENTS

(BY SRI. SPOORTHY HEGDE, HCGP FOR R1 TO R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO THE RESPONDENTS TO MODIFY AND ENHANCE THE COMPENSATION AMOUNT OF RS.5,625/- PER GUNTA TO RS.80,000/- PER GUNTA TO THE PETITIONER LAND BEARING SY.NO.70/2 MEASURING 0-36G SITUATED AT CHIKKONAHALLIPURA VILLAGE, NAGAMANGALA TALUK, MANDYA DISTRICT.

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

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

ORAL ORDER

Petition is before this Court seeking for a writ of mandamus to direct the respondents - authorities to modify the compensation taking into consideration the award that was passed in LAC No.89/2018 on the file of the II Additional District and Sessions Judge, Mandya, in terms of which, according to the learned counsel for the petitioner the

3 -

NC: 2025:KHC:1619 WP No. 30196 of 2024

compensation in respect of land situated adjoining to the land of the petitioner has been awarded at a higher rate.

Petition is thus one seeking enhancement of compensation. On a query by this Court regarding maintainability of this petition seeking enhancement of compensation, learned counsel for the petitioner submitted that the petitioner be reserved with liberty to seek appropriate remedy in accordance with law seeking enhancement of compensation as provided under the Land Acquisition Act, 1894.

The submission is taken on record.

The petition is disposed of reserving liberty to the

petitioner to seek appropriate remedy in accordance with law seeking enhancement of compensation as provided under law.

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

PMR

List No.: 1 Sl No.: 14