Karnataka High Court
Sri Narayanaswamy M P vs The Special Land Acquisition ... on 19 May, 2022
Bench: R. Nataraj
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR.JUSTICE R. NATARAJ
WRIT PETITION NO.9797 OF 2022 (LA/RES)
BETWEEN:
1. SRI. NARAYANASWAMY M.P.
S/O. PAPAIAH REDDY
AGED ABOUT 62 YEARS
R/AT. NO.3, 5TH A CROSS
17TH E MAIN, 6TH BLOCK,
KORAMANGALA, BENGALURU-560 095.
2. C. JAGADHISH
S/O. CHINAPPA REDDY
AGED ABOUT 55 YEARS
R/AT. NO.1960, 19TH CROSS,
21ST MAIN ROAD, SECTOR 2, HSR LAYOUT
BENGALURU-560 102.
3. PRABHAKAR N.
S/O. NARAYANA REDDY A.
AGED ABOUT 54 YEARS
R/AT. NO.608, 10TH MAIN,
24TH CROSS NEAR CHETTINADU
CEMENT GODOWN
AECS LAYOUT B BLOCK
SINGASANDRA, BENGALURU-560 068.
4. SRI. SURESH N.
S/O. NARAYANA REDDY A.
AGED ABOUT 46 YEARS
R/AT. OLD POST OFFICE ROAD
2
1ST MAIN, 3RD CROSS,
NEW EXTENSION, MAURTHI NAGAR
MADIVALA BENGALURU-560 068.
5. SRI. UMASHANKAR N.
S/O. NARAYAN REDDY A.
AGED ABOUT 42 YEARS
R/AT. NO.3/4, G FLOOR
MAROGONDANAHALLI VILLAGE,
JIGANI, BENGALURU-560 105. ... PETITIONERS
(BY SRI. CHANDRASHEKAR P.V. ADV.)
AND
THE SPECIAL LAND ACQUISITION OFFICER
BRUHAT BENGALURU MAHANAGAR PALIKE
N.R. SQUARE, BENGALURU-560 002. ... RESPONDENT
(BY SRI. V. SREENIDHI, ADV)
THIS PETITION IS FILED UNDER ARTCLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO CONSIDER AND RE-DETERMINE THE MARKET
VALUE OF THE ACQUIRED SCHEDULE PROPERTIES AS PRAYED
IN THEIR APPLICATIONS DATED 12.04.2021 FILED UNDER
SECTION 28-A OF THE LAND ACQUISITION ACT AS PER
ANNEXURE-F, F1 AND F2 ON THE BASIS OF JUDGMENT DATED
18.06.2020 PASSED IN LAC NO.38/2016 AND CONNECTED
CASES AS PER ANNEXURE-D.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners have sought for writ in the nature of
mandamus to direct the respondent to consider and re-
determine the market value of the schedule properties as
per their representations dated 12.04.2021 (Annexure-F,
F1 and F2) in view of the judgment dated 18.06.2020
passed in LAC No.38/2016 and connected cases.
2. The petitioners claim to be owners of various
portions of land in CTS No.148 PID No.66-3-1/2, CTS
No.149 PID No.66-1-72 and CTS No.149 PID No.66-1-73
respectively which are situate alongside Hosur Road,
Madivala Ward No.172, Bengaluru.
3. The Petitioners claim that the aforesaid lands
were acquired in terms of a notification issued under
Section 4(1) of the Land Acquisition Act, 1894 on
16.07.2011 followed by a final notification dated
03.11.2012. In the award passed on 06.02.2015, the
market value of the acquired property was determined at
Rs.2,278/- per square feet. The petitioners sought for
enhancement of the market value of the property by
seeking a reference under Section 18(1) of the Land
Acquisition Act, 1894. Their claims were registered as
Miscellaneous Nos.723/2015, 220/2016 and 221/2016
respectively. The petitioners withdrew the aforesaid cases
on 06.04.2021. Thereafter, they realized that some of the
owners of other properties similarly situate as theirs, had
sought for re-determination of the market value under
Section 18(1) of the Land Acquisition Act, 1894 and that
the Reference Court in LAC No.38/2016 and connected
cases had enhanced the market value from Rs.2,278/- to
Rs.6,930/- per square feet. Therefore, the petitioners
submitted representation seeking similar treatment and re-
determination of the market value at Rs.6,930/- in respect
of the land belonging to them that was acquired.
4 The petitioners contended that since their
representations are not considered they are before this
Court seeking for appropriate direction.
5. Learned counsel for respondent submitted that,
the case of the petitioners would be considered under
Section 28A of the Land Acquisition Act, 1894 and
appropriate orders would be passed.
6. In that view of the matter, writ petition is
disposed off directing the respondent to consider the
representation of the petitioners referred above and pass
appropriate orders within a period of three months from
the date of receipt of a certified copy of this order.
It is needless to mention that the respondent shall
hear the petitioners personally before passing any orders.
The petitioners shall appear before the respondent
on 10.06.2022 at 3.00 P.M.
Sd/-
JUDGE
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