Karnataka High Court
Smt N Yashodamma vs The Special Land Acquisition Officer on 12 December, 2023
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2023:KHC:45119
WP No. 27573 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO.27573 OF 2023 (LA-BDA)
BETWEEN:
SMT. N. YASHODAMMA,
W/O LATE SHAMANNA,
AGED ABOUT 83 YEARS,
R/AT NO.87/1-1, 13TH CROSS,
1ST K BLOCK, RAJAJINAGAR,
BENGALURU - 560 010.
...PETITIONER
(BY SRI CHANDRASHEKAR P.V., ADVOCATE)
AND:
THE SPECIAL LAND ACQUISITION OFFICER,
THE BENGALURU DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST EXTENSION,
BENGALURU - 560 020.
...RESPONDENT
(BY SRI K. KRISHNA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
Digitally signed by CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT
GURURAJ D TO CONSIDER AND REDETERMINE OF MARKET VALUE OF THE
Location: High
Court of Karnataka ACQUIRED PROPERTY AS SOUGHT IN OUR APPLICATION DATED
18/01/2020 VIDE ANNEXURE-B ON THE BASIS OF JUDGMENT AND
DECREE DATED 07/11/2019 PASSED IN LAC 64/2003 VIDE
ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:45119
WP No. 27573 of 2023
ORDER
This writ petition is filed seeking for following reliefs:
Issue a writ of mandamus or direction/order of
similar nature directing the respondent to consider
and re-determine of market value of the acquired
property as sought in our application dated
18.01.2020 vide Annexure-B on the basis of
judgment and decree dated 07.11.2019 passed in
LAC 64/2003 vide Annexure-A and etc.
2. Sri P.V. Chandrashekar, learned counsel for
petitioner submitted that petitioner was owner of land bearing
Sy.no.86, measuring 1 acre 25 guntas of Laggere Village,
Yeshwantapura Hobli, Bengaluru North Taluk, which was
acquired by respondent - BDA for formation of Outer Ring Road
under Preliminary Notification dated 18.03.1999 and Final
Notification dated 03.09.1999. It was submitted that
respondent had passed award on 25.10.2000 determining
market value of Rs.16.98 per square feet. However, some of
land loosers had sought for reference before City Civil Court,
Bengaluru.
3. In LAC.no.64/2003, on file of II Additional City Civil
and Sessions Judge at Bangalore (CCH-17) by judgment and
award dated 07.11.2019 enhanced market value of acquired
land at Rs.105 per square feet. It was submitted that based on
same, petitioner had filed application at Annexure-B on
NC: 2023:KHC:45119
18.01.2020 seeking for re-determination of market value. It
was further submitted that prior to same, dispute regarding
apportionment and entitlement insofar as petitioner's land was
adjudicated in favour of petitioner in LAC no.2/2002 by II
Additional City Civil and Sessions Judge, Bangalore under
judgment and decree dated 05.06.2006. Therefore, there was
no impediment for respondent to consider petitioner's
application under Section 28(A) of Land Acquisition Act, 1894
(for short 'LA Act'). Failure had given rise to cause of action for
filing writ petition.
4. On other hand, Sri K. Krishna, learned counsel for
respondent - BDA submitted that in case, petitioner has filed
application under Section 28(A) of LA Act and same is pending
consideration, it would be considered in accordance with law
and appropriate orders passed thereon within reasonable time.
5. Heard learned counsel and perused writ petition
record.
6. From above submission and since only grievance of
petitioner is that his application under Section 28(A) of LA Act
for re-determination of compensation based on award by
Reference Court in respect of similar land, has not been
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considered and respondent's submission is that same would be
considered within reasonable time, writ petition is disposed of
directing respondent to consider petitioner's application at
Annexure-B as expeditiously as possible but in accordance with
law.
Sd/-
JUDGE
GRD
