Smt. Malathi S. Shetty Vs Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2025)

Smt. Malathi S. Shetty Vs Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty to withdraw the writ petition and pursue enhancement of compensation under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Section 3-H(4) of the National Highways Act, 1956; application to be filed within 30 days from receipt of certified copy of the order; time consumed in filing and prosecuting the petition exempted.

Issue for consideration

Whether the petitioner is entitled to reassessment of the value of her acquired Sites Nos. 240 and 241 (total area 5447.75 sq.ft.) and enhanced compensation at market rate, considering her representations/objections dated 13.03.2012, 16.03.2016 and 19.11.2018. +1 more

Ratio / Principle

Writ petition disposed of with liberty to the petitioner to pursue enhancement of compensation under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Section 3-H(4) of the National Highways Act, 1956.

Key takeaways

The application for enhancement shall be filed within a period of 30 days from the date of receipt of certified copy of this order, and time consumed in filing and prosecuting this petition is exempted.ratio¶29-31

Detailed headnote1 paragraphs

High Court of Karnataka (M.G.S. Kamal, J.), Writ Petition No. 33126 of 2024 (LA-RES), decided 22-01-2025: Petitioner, whose converted-layout Sites Nos. 240 and 241 (total 5447.75 sq.ft.) in Sy Nos. 12/1, 11/2, 16, 17, 14/1 and 14/2 of Southegowdanahalli Village, Devanahalli Town were acquired for the NHAI project, sought reassessment of property value and enhanced compensation citing representations/objections dated 13.03.2012, 16.03.2016 and 19.11.2018. Counsel withdrew the petition to pursue the statutory remedy under Section 64 of the RFCTLARR Act, 2013 and Section 3-H(4) of the National Highways Act, 1956. Petition disposed of with liberty; application to be filed within 30 days of receipt of certified copy of the order; time consumed in the writ proceeding exempted.

1 - NC: 2025:KHC:2664 WP No. 33126 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 33126 OF 2024 (LA-RES)

BETWEEN:

SMT. MALATHI S. SHETTY W/O SRI M B SHIVARAMA SHETTY, AGED ABOUT 74 YEARS, R/O NO. 303, HOYSALA SAI SHELTERS, 23/1, 'D' RAJAGOPAL ROAD SANJAYNAGAR R.M.V. EXTENSION II STAGE BANGALORE - 560 094.

…PETITIONER

(BY SRI. SRINATH A.R.,ADVOCATE)

AND:

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

SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NHAI, KUNIGAL, NH 207, DABASPET HOSKOTE SECTION SITE OFF:AT NELAMANGALA BANGALORE - 562 110.

DEPUTY COMMISSIONER AND ARBITRATOR PODIUM BLOCK, V.V.TOWER, DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560 001.

PROJECTOR DIRECTOR AND GENERAL MANAGER (TECH) NHAI 14^TH KM, NAGASANDRA

2 -

NC: 2025:KHC:2664 WP No. 33126 of 2024

TUMKUR BENGALURU ROAD BANGALORE - 560 073.

…RESPONDENTS

(BY SRI. SPOORTHY HEGDE N., HCGP FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DIRECT OR ORDER IN THE FOLLOWING MANNER TO ORDER R-1 TO REASSESS THE PROPERTY VALUE OF PETITIONER SITE NO. 240 AND 241 MEASURING TOTAL AREA OF 5447.75 SQ.FEET THE CONVERTED PROPERTY LAYOUT FORMED IN SY NO. 12/1, 11/2, 16, 17, 14/1 AND 14/2 SITUATED AT SOUTHEGOWDANAHALLI VILLAGE, 4^TH DIVISION, DEVENAHALLI TOWN, BANGALORE RURAL DISTRICT AND TO PROVIDE THE ENHANCED COMPENSATION BY CONSIDERING THE REPRESENTATION/OBJECTIONS OF THE PETITIONER AT ANNEXURE-B, J AND L DTD 13.03.2012, 16.03.2016 AND 19.11.2018 AS PER THE APPROPRIATE VALUE OF PROPERTY AT MARKET RATE CONDITION AND PROPERTY CONDITION AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

Learned counsel for the petitioner after arguing the matter for some time seeks to withdraw the petition to pursue the remedy seeking enhancement of compensation as per provisions of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and under Section 3-H(4) of the National Highways Act, 1956.

3 -

NC: 2025:KHC:2664 WP No. 33126 of 2024

Submission is taken on record.

In view of the above submission, writ petition is

disposed of with liberty as sought for.

It is made clear that the application shall be filed

within a period of 30 days from the date of receipt of certified

copy of this order. Time consumed in filing and prosecuting this petition be exempted.

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

RU, List No.: 1 Sl No.: 23