Smt N Janakamma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt N Janakamma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioners to make a representation to respondent-KIADB; KIADB to pass appropriate orders considering all contentions and the inter se dispute and, if permissible, pay the amount determined as per Annexure-F; if no consensus is reached between the parties, KIADB is at liberty to pass such orders or award as may be permissible under law. No unconditional direction to release the compensation was issued. I.A.No.1/2021 disposed of accordingly.

Issue for consideration

Whether respondent Nos. 2 to 4 (KIADB) should be directed to release to the petitioners the compensation calculated by respondent No.5 as per its letter dated 08.10.2020 (Annexure-F). +1 more

Court's answer

Petition disposed of, reserving liberty to the petitioners to make a representation to respondent-KIADB; KIADB shall pass appropriate orders taking into consideration all contentions and the dispute between the parties and, if permissible, pay the amount determined as per Annexure-F.

Ratio / Principle

If consensus is not arrived at between the parties for payment of the amount as per Annexure-F, respondent-KIADB is at liberty to pass such orders or award as may be permissible under law.

Key takeaways

I.A.No.1/2021 is disposed of in view of disposal of the writ petition.ratio¶70

Detailed headnote1 paragraphs

High Court of Karnataka (M.G.S. Kamal, J.), Writ Petition No. 3852 of 2021 (LA-KIADB), decided 10.01.2025: Petitioners, whose compensation for land acquired for the metro railway project was calculated by respondent No.5-BMRCL per letter dated 08.10.2020 (Annexure-F) and determined under Section 29(2) of the KIAD Act, sought a direction to respondent Nos. 2 to 4 (KIADB) to release the amount. With a dispute between the petitioners and private respondents pending in O.S.No.6574/2022 (arising after a KIADB corrigendum issued in the individual names of the parties), and KIADB submitting that payment under Section 29(2) requires absence of dispute or amicable resolution, the Court disposed of the petition reserving liberty to the petitioners to make a representation to KIADB, which shall consider all contentions and the inter se dispute and pay the Annexure-F amount if permissible; if no consensus is reached, KIADB remains free to pass such orders or award as permissible under law. I.A.No.1/2021 was disposed of in view of disposal of the writ petition.

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NC: 2025:KHC:930 WP No. 3852 of 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3852 OF 2021 (LA-KIADB)

BETWEEN:

SMT N JANAKAMMA T M GOVINDA REDDY AGED ABOUT 69 YEARS, R/AT THIPPENAHALLI VILLAGE KASABA HOBLI SHIDLAGHATTA TALUK CHIKKABALLAPURA - 562 105.

SMT. N. SARASWATHI W/O S. SONNGOWDA AGED ABOUT 54 YEARS, R/AT NO. 542, 4^TH B CROSS, M.M LAYOUT, KAVALABYRASANDRA R T NAGARA

BENGALURU - 560 032.

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

SMT. N. SHASHIKALA ALIAS SHAKUNTHALA W/O KRISHNAPPA AGED ABOUT 52 YEARS R/AT NO.'A 55', II CROSS, PILLAMMA BLOCK, SRIRAMAPURAM, BENGALURU - 560 021.

…PETITIONERS

(BY SRI. RAGHAVENDRA KATTIMANI M.,ADVOCATE)

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AND:

THE STATE OF KARNATAKA INDUSTRIES AND COMMERCE VIKASA SOUDHA, AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 3^RD FLOOR, EAST WING KHANIJA BHAVAN RACE COURS ROAD BNGALURU - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

THE SPECIAL DEPUTY COMMISSIONER (METRO RAILWAY PROJECTS) THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14, ARAVINDA BHAVAN NRUPATHUNGA ROAD BENGALURU - 560 001.

THE LAND ACQUISITION OFFICER - II (METRO RAILWAY PROJECT) THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14, ARAVINDA BHAVAN NRUPATHUNGA ROAD BENGALURU - 560 001.

THE CHIEF GENERAL MANAGER (LAND ACQUISITION) BANGALORE METRO RAILWAY CORRIDOR LIMITED OFFICE AT BMTC COMPLEX 3^RD FLOOR, KENGAL HANUMANTHAIAH ROAD SHANTHINAGAR BENGALURU - 560 027.

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NC: 2025:KHC:930 WP No. 3852 of 2021

N CHALAPATHY S/O LATE M. NARAYANAPPA AGED ABOUT 68 YEAS R/AT NO. 407/F 6^TH CROSS THALAKAVERI LAYOUT AMRUTHAHALLI BENGALURU - 560 092.

SRI JAGADISH S/O LATE NARAYANAPPA AGED ABOUT YEARS, R/AT NO.24, 3^RD CROSS, 1^ST MAIN ROAD, OKALIPURAM SRIRAMPURAM, BENGALURU - 560 021.

7(a) MRS. MANJULA

AGED ABOUT 55 YEARS W/O LATE SRI. JAGADISH R/AT NO.24, 3^RD CROSS 1^ST MAIN ROAD OKALIPURAM, SRIRAMPURAM BENGALURU - 560 021.

7(b) MR. VISHWAS J., AGED ABOUT 27 YEARS S/O LATE SRI. JAGADISH R/AT NO.24, 3^RD CROSS 1^ST MAIN ROAD OKALIPURAM, SRIRAMPURAM BENGALURU - 560 021.

7(c) MR. VIVEK J., AGED ABOUT 25 YEARS S/O LATE SRI. JAGADISH R/AT NO.24, 3^RD CROSS 1^ST MAIN ROAD OKALIPURAM, SRIRAMPURAM BENGALURU - 560 021.

SRI ANAND ALIAS DWARAKANATH S/O LATE M. NARAYANAPPA

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AGED ABOUT 59 YEARS, R/AT NO.22, 1^ST MAIN ROAD, 3^RD MAIN ROAD, OKALIPURAM SRIRAMPURAM BENGALURU - 560 021.

SMT. N VIMALA W/O CHANDREGOWDA R/AT BASAVAPATNA VILLAGE SHIDLAGHATTA TALUK CHIKKABALLAPURA - 562 105.

SMT. SUNITHA W/O LATE VASUDEVAMURTHY AGED MAJOR, R/AT NO.24/6, 4^TH MAIN ROAD LAKSHMINARAYANA PURA BENGALURU - 560 021.

SMT. SAROJAMMA W/O LATE N KRISHNAMURTHY AGED MAJOR,

SRI MUKUNDA S/O LATE N KRISHNAMURTHY AGED MAJOR,

RESPONDENT NOS. (11) & (12) ARE R/AT NO.70, 2^ND CROSS, PILLAMMA BLOCK, SRIRAMPURAM BENGALURU - 560 021.

…RESPONDENTS (BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R1; SRI. PRADEEP KUMAR H.L.,ADVOCATE FOR R2 TO R4; SRI. K. KRISHNA, ADVOCATE FOR R5;

SRI. B.L. NANDA KUMAR, ADVOCATE FOR C/R6 AND R8, R11 AND R12, R7(a) TO 7(c), R9, R10 SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DIRECT THE

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RESPONDENT NO.2 TO 4 TO RELEASE THE COMPENSATION IN SO FAR AS THE PETITIONERS ARE CONCERNED AS CALCULATED BY THE R-5 AS PER LETTER DTD. 08.10.2020 VIDE ANNX-F AND ETC.

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

Petitioners are before this Court seeking following reliefs;

"a). Direct the respondent Nos. 2 to 4 to release the compensation insofar as the petitioners are concerned as calculated by the fifth respondent as per letter dated 08.10.2020 bearing No.BMRCL/BhuSwa/Hanta2/ NG-R6-UG-P64A/2017-18/303 vide Annexure-F.

b) Issue appropriate writ or directions as deemed fit by this Hon'ble Court in the facts and circumstances of the case".

Counsel for the petitioners submits that a corrigendum has been issued by the respondent -KIADB in the individual names of the parties, in that view of the matter the petitioners are entitled to seek release of the amount independently, notwithstanding the pendency of the dispute between parties in O.S.No.6574/2022 which in any case arose subsequent to issuance of the corrigendum. He further submits present petition is necessitated in view of the apprehension of

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NC: 2025:KHC:930 WP No. 3852 of 2021

the petitioners that the compensation payable to the petitioners as per Annexure-F is determined under Section 29(2) of the KIAD Act and in view of the pending disputes, the respondentsKIADB may revert back to the general award causing hardship to the petitioners. Hence, the urgency.

In response, learned counsel for the respondentKIADB submits that as per Section 29(2) of the KIAD Act the compensation can be paid only if there was no dispute or that any such dispute has been amicably resolved between the parties. He further submits that if the contesting parties have consented for deposit of compensation amount as per the package sent by the respondent No.5-BMRCL vide Annexure-F, the respondent-KIADB will not be able to pay the compensation under Section 29(2) of the Act. He however fairly submits that if a joint representation is made by the parties notwithstanding the pendency of the dispute in O.S.No.6574/2022, the same would be considered in accordance with law.

Learned counsel for the petitioners at this juncture submits that in view of the pendency of suit in O.S.No.6574/2022 between the petitioners as well as the

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private respondents, necessary direction be issued to the respondent -KIADB to disburse the amount determined as per Annexure-F on conclusion of/ determination of their right in the said suit. He also submits that the petitioners would endeavour to give such representation to the respondent -KIADB which may also be considered by them.

Submission is taken on record.

In that view of the matter, following;

ORDER

(1) Petition is disposed of reserving liberty to the petitioners to make representation to the respondent -KIADB as above, who shall pass appropriate orders taking into consideration of all contentions and the dispute between the parties and if permissible pay the amount determined as per Annexure-F.

(2) It is made clear that if consensus is not arrived at between the parties for the purpose of payment of amount as per Annexure-F,

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respondent -KIADB is at liberty to pass such

orders or award as may be permissible under law.

I.A.No.1/2021 is disposed of in view of disposal of the

writ petition.

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

RU List No.: 1 Sl No.: 26