Karnataka High Court
Smt Siddagangamma vs The Special Land Acquisition ... on 2 March, 2022
Bench: Sreenivas Harish Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2nd DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
MFA No.2696/2020 (LAC)
BETWEEN:
SMT. SIDDAGANGAMMA
W/O. MUTHARAYAPPA V,
AGED ABOUT 60 YEARS,
R/O. NO. 2578, 11TH MAIN,
E-BLOCK, 2ND STAGE,
RAJAJINAGAR,
BENGALURU 560010.
.. APPELLANT
(BY SMT. N.APARNA, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
BBMP, BENGALURU,
AT VISHWESHARAIAH TOWERS,
PODIUM BLOCK,
BENGALURU 560001.
2. SMT. NANJAMMA
W/O CHIKKAVENKATAPPA,
BYATARAYANAPURA,
YELAHANKA HOBLI,
BENGALURU 560 064.
3. K.C.ASHWATH,
NO.673, BLOCK NO.3,
N-LIG 5TH PHASE,
YELAHANKA NEW TOWN,
BENGALURU 560 065.
2
4. B. JANARDHAN
S/O GANGAGIRAO,
AGED ABOUT 55 YEARS,
NO.188/1,
4TH CROSS, 5TH BLOCK,
BANASHANKARI 3RD STAGE
BENGALURU 560 085.
5. B. SANJIVRAO
S/O LATE B. SRIRAMULU,
AGED ABOUT 64 YEARS,
601, GROUND FLOOR,
21ST CROSS, 1ST MAIN,
R.T.NAGAR,
BENGALURU 560 032.
6. T. SIDDAGANGAMMA,
W/O MUTTURAYAPPA,
AGED ABOUT 50 YEARS
NO.2578, 11TH MAIN,
'E' BLOCK, RAJAJINAGAR,
2ND STAGE,
BENGALURU 560 010.
7. SANDHYARANI K.R.
D/O K. RAMAIAH,
AGED ABOUT 38 YEARS,
NO.22, 2ND PHASE
ANJANEYA NAGARA, BSK 3RD STAGE
BENGALURU 560 085.
8. D. SHEENASHETTY,
S/O KORAGAPPA,
AGED ABOUT 59 YEARS,
653, ANUGRAHA 5TH CROSS,
10TH MAIN, BSK
BENGALURU 560 050.
9. C. SHASHIDHARA,
S/O LATE DR.N. CHANNABASAPPA,
AGED ABOUT 54 YEARS,
R/AT NO.55, 2ND CROSS,
T.V.VENUGOPAL LAYOUT,
3
GANGANAGAR,
BENGALURU 560 032.
10. SMT. BRUNDAVATHI,
D/O DODDALINGAIAH,
R/AT NO.1/7,
SHIVANGIRI NILAYA
HEBBAL-KEMPAPURA LAST BUS STOP,
BENGALURU 560 024.
11. SMT. SUJATHA,
W/O D.G.JAGANATHA RAO,
AGED ABOUT 48 YEARS,
R/AT NO.1050, 1ST BLOCK,
1ST STAGE, MANASANAGARA,
NAGARABHAVI,
BENGALURU 560 072.
12. C. JAGADISH,
S/O LATE CHIKKABALAPPA,
AGED ABOUT 25 YEARS,
R/AT NO.83, NEAR MARAMMA TEMPLE,
AMRUTHAHALLI,
KELLAPPA LAYOUT,
BENGALURU 560 092.
13. BOLAPPA
S/O LATE NANJANNA,
R/AT NO,83, NEAR MARAMMA TEMPLE,
AMRUTHAHALLI,
BENGALURU 560 092.
14. N. JAYASHANKAR
S/O B.M. NARAYANAPPA,
AGED ABOUT 59 YEARS,
R/AT NO.15,
NEAR VINAYAKA VIDHYA KENDRA,
BYATARAYANAPURA,
BENGALURU 560 092.
15. B. SAROJA
W/O N. JAYASHANKAR,
AGED ABOUT 59 YEARS
R/AT NO.15,
4
NEAR VINAYAKA VIDHYA KENDRA,
BYATARAYANAPURA,
BENGALURU 560 092.
16. SMT. NAGARATHNA M. BHAT
AGED ABOUT 55 YEARS
S/O LATE MAHALINGA BHAT
R/AT 837, 2ND CROSS, EXTENSION COLONY,
R.T. NAGARA
BENGALURU 560 032.
.. RESPONDENTS
(SRI. H. DEVENDRAPPA, ADVOCATE FOR R-1
VIDE ORDER DATED 4.3.2021 NOTICE TO R-2 TO R-16
IS DISPENSED WITH)
THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT
AGAINST THE JUDGMENT AND AWARD DATED 15.10.2019
PASSED IN LAC NO. 147/2002 ON THE FILE OF THE
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CCH-NO.17 PARTLY ALLOWING REFERENCE PETITION FILED
UNDER SECTIONS 30 AND 31(2) OF THE LAND ACQUISITION
ACT 1894.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Smt.Aparna, learned counsel for the
appellant and Sri.Devendrappa, learned counsel for
respondent No.1.
2. This appeal is preferred by the claimant
challenging the judgment and award dated 15.10.2019
passed by the II Additional City Civil and Sessions
Judge, Bangalore (CCH No.17) in LAC No.147/2002.
3. Actually reference under section 30 of the
Land Acquisition Act was made by the Special Land
Acquisition Officer (hereinafter referred to as 'SLAO'),
Visveswaraiah Building, Podium Block, Bangalore. But
in the reference petition the name of 1st respondent was
shown as SLAO, BBMP, Bengaluru. An advocate with
initials Sri.NRJ entered appearance for the SLAO,
BBMP, Bengaluru and thereafter he did not appear
before the court. The other respondents were owners of
some other sites. Actually the appellant claimed
compensation in respect of two sites bearing Nos.55 and
56. The court below apportioned the compensation in
favour of the appellant in respect of Site Nos.55 and
rejected her claim in respect of Site No.56 observing
that she failed to produce the title deed in respect of
Site No.56. Therefore, this appeal.
4. The appellant has filed I.A.1/2020 seeking
permission to produce additional documents to
establish her ownership over site No.56.
5. Sri. Devendrappa, learned counsel for
respondent No.1 submits that in the reference petition,
SLAO, Visveswaraiah Building, Bangalore, was not
made a party and wrongly SLAO, BBMP, Bengaluru was
made a party. He also submits that the compensation
amount has been deposited by SLAO, Visveswaraiah
Building, Bangalore.
6. Having noticed that the SLAO who actually
deposited the amount was not before the court below
while the reference petition was decided and that now
the appellant has filed I.A.1/2020 seeking permission to
produce additional documents in respect of Site No.56, I
am of the opinion that this matter may be remanded to
the court below to enable the appellant to implead the
SLAO, Visveswaraiah Building, Bangalore, in the place of
SLAO, BBMP, Bengaluru, for proper and complete
adjudication of the matter. The documents that the
appellant has now produced along with I.A.1/2020 may
be produced by her before the court below.
The appeal is allowed. Judgment and award dated
15.10.2019 passed by the II Additional City Civil and
Sessions Judge, Bangalore, (CCH No.17) is set aside.
The matter is remanded to the said court for disposal
afresh by impleading the SLAO, Visveswaraiah Building,
Bangalore, as respondent No.1 in place of SLAO, BBMP,
Bengaluru. The appellant shall appear before the court
below on 21.03.2022.
The documents produced by the appellant along
with I.A.1/2020 be returned to her so that she can
produce the same before the court below.
Sd/-
JUDGE
Dvr:
