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D.Ksihna Singh v. the Special Land Acquisition Officer

Karnataka HC7 Jul 2026WP/20434/2026

Case brief

AI extract

What is this about?

Section 28A Land Acquisition Act 1894; redetermination of compensation; mandamus; writ petition allowed; High Court of Karnataka; R. Nataraj; Special Land Acquisition Officer MUDA Mysuru; Kesare Village Kasaba Hobli Sy. No.453; final notification 16.04.1994; award 31.10.1997 Rs.42,000 per acre; L.A.C. No.316/2005 Rs.15,73,000 per acre; Judgment and Award dated 19.10.2016; application dated 16.12.2016 served RPAD; three-month compliance timeline; legal heirs of deceased owner; Devanuru Layout III Stage.

What did the court decide?

Mandamus to the respondent (SLAO, MUDA) to consider the application dated 16.12.2016 in the light of the Judgment and Award dated 19.10.2016 in LAC No.316/2005 and pass appropriate orders within three months from receipt of a certified copy of the order. ¶40

D.Ksihna Singh Vs the Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent (Special Land Acquisition Officer, MUDA) should be directed by mandamus to pass an award redetermining compensation with statutory benefits under Section 28A of the L.A. Act for Sy. No.453 of Kesare Village by considering the petitioners' application dated 16.12.2016 in the light of the market value fixed in L.A.C. No.316/2005.

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Court's answer

The writ petition is allowed; the respondent is directed to consider the application dated 16.12.2016 of the petitioners' father in the light of the Judgment and Award dated 19.10.2016 passed in LAC No.316/2005 and pass appropriate orders.

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Ratio / Principle

Appropriate orders shall be passed within three months from the date of receipt of a certified copy of the order.

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Detailed headnote1 paragraphs

Writ petition under Article 226 by the legal heirs of deceased landowner D. Krishna Singh seeking mandamus to the Special Land Acquisition Officer, Mysuru Urban Development Authority to pass an award under Section 28A of the Land Acquisition Act, 1894 redetermining compensation for Sy. No.453 of Kesare Village, Kasaba Hobli, Mysore Taluk (02 acres 06 guntas, including 02 guntas kharab). The land was acquired under final notification dated 16.04.1994 for III Stage Devanuru Layout, Mysore, and compensation was fixed at Rs.42,000/- per acre by award dated 31.10.1997. Relying on the market value of Rs.15,73,000/- per acre fixed in L.A.C. No.316/2005 for comparable land in the same village, the petitioners applied on 16.12.2016 (served by RPAD), but the respondent took no action. R. Nataraj, J. allowed the petition on the respondent's counsel's submission and directed the respondent to consider the application dated 16.12.2016 in the light of the Judgment and Award dated 19.10.2016 in LAC No.316/2005 and pass appropriate orders within three months of receipt of a certified copy of the order.

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NC: 2026:KHC:34186 WP No. 20434 of 2026

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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 7^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20434 OF 2026 (LA-RES)

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BETWEEN:

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D. KRISHNA SINGH SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS

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K. LAL BAHADDUR SINGH, S/O. D. KRISHNA SINGH, AGED ABOUT 56 YEARS

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SRI. K. RANJINI W/O. P. PRATAP SINGH, AGED ABOUT 51 YEARS.

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K. PUNYAVATHI, W/O. B.M. SURENDAR SINGH, AGED ABOUT 49 YEARS.

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Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

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PETITIONERS NO.1 TO 3 ARE ALL R/AT NO.4648, P. 2^ND CROSS, SHIVAJI ROAD, RAJPUT BLOCK, N.R. MOHALLA, MYSURU-570007

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…PETITIONERS

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(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)

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AND:

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THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570005

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…RESPONDENT

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(BY SRI. G.B.SHARATH GOWDA, ADVOCATE)

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NC: 2026:KHC:34186 WP No. 20434 of 2026

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HC-KAR

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO MAKE AN AWARD AND THEREBY TO REDETERMINE THE AMOUNT OF COMPENSATION PAYABLE TO THE PETITIONER WITH STATUTORY BENEFITS UNDER SECTION 28A OF THE LAND ACQUISITION ACT ON CONSIDERATION OF THE APPLICATION DATED 16-12-2016 PRODUCED AT ANNEXURE A TO REDETERMINE THE COMPENSATION PAYABLE FOR SURVEY NO.453 MEASURING 2 ACRES AND 6 GUNTAS OF KESARE VILLAGE.

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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 MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioners have sought for a writ in the nature of mandamus to the respondent to pass an award by redetermining the compensation payable to them with statutory benefits under Section 28A of the Land Acquisition Act, 1894 (for short, 'the L.A. Act') by considering the application dated 16.12.2016 in respect of the land bearing Sy. No.453 measuring 02 acres and 06 guntas of Kesare Village, Kasaba Hobli, Mysore Taluk, Mysore.

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The petitioners claim that their grandfather Mr. S. Devi Singh was the owner of the land bearing Sy.

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3 - NC: 2026:KHC:34186 WP No. 20434 of 2026

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HC-KAR

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No.453 of Kesare Village, Kasaba Hobli, Mysore Taluk, measuring 02 Acres 06 guntas (including 02 guntas of kharab ). They contend that the said land was acquired by the respondent for the purpose of formation of III Stage Devanuru Layout, Mysore in terms of the final notification dated 16.04.1994. An award was passed on 31.10.1997 determining compensation of a sum of Rs.42,000/- per acre. They contend that in respect of another land in the same village acquired by the respondent for the same purpose, the market value was fixed by III Addl. Civil Judge, Senior Division at Mysore in L.A.C. No.316/2005 at a sum of Rs.15,73,000/- per acre. The petitioner therefore filed an application before the respondent seeking benefit of Section 28A of the L.A. Act on 16.12.2016. The petitioner claims that the said representation which was sent to the respondent by Registered Post with Acknowledgement Due (RPAD) is duly served. However, no action is taken by the respondent to consider the case of the petitioners and therefore, the petitioners are before this Court seeking for a writ in the nature of mandamus to direct the respondent to pass an award under Section 28A of the L.A. Act

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NC: 2026:KHC:34186 WP No. 20434 of 2026

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HC-KAR

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and re-determine the compensation payable to them in respect of the property mentioned above.

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Learned counsel for the petitioners reiterated the above contentions and submitted that in view of the redetermination of the market value in respect of another land in the same village, the petitioners are entitled to same market value as determined in L.A.C. No.316/2005 on the file of the III Additional Civil Judge (Sr. Dn.), Mysuru.

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The learned counsel for the respondent submits that if the petitioners are entitled to the benefit of Section 28A of the L.A. Act in law, the application of the father of the petitioners would be considered and suitable orders would be passed.

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In view of the above submission, the writ petition is

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allowed . The respondent is directed to consider the application of the father of the petitioners dated 16.12.2016 in the light of the Judgment and Award dated 19.10.2016 passed by the III Additional Civil Judge (Senior Division) at Mysore in LAC No.316/2005 and pass appropriate orders within a period of

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NC: 2026:KHC:34186 WP No. 20434 of 2026

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HC-KAR

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three months from the date of receipt of a certified copy of this order.

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