Karnataka High Court
Union Of India vs The State Of Karnataka on 19 June, 2023
Bench: S.Sunil Dutt Yadav
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NC: 2023:KHC:21114
WP No. 7679 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 7679 OF 2023 (LA-RES)
BETWEEN:
1. UNION OF INDIA
REPRESENTED BY
DEPUTY CHIEF ENGINEER (CONSTRUCTION),
SOUTH WESTERN RAILWAY
YADAVAGIRI,
MYSURU - 570 020.
... PETITIONER
(BY SRI. CHANDRACHUD A., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
THE SPECIAL LAND ACQUISITION OFFICER
Digitally signed by B H.R.P. II
K
MAHENDRAKUMAR HASSAN - 573 201.
Location: High
Court of Karnataka
2. SRI RAJ GOPAL SHETTY
S/O LATE CHANNEGOWDA,
AGED ABOUT 73 YEARS,
RESIDING AT S.R.S JEWELLERS,
GANDHI BAZAR, B.M.ROAD ,
HASSAN TALUK,
HASSAN - 573 201.
... RESPONDENTS
(BY SRI. SHRIDHAR N. HEGDE, AGA FOR R1;
SRI A.S. MAHESHA, ADVOCATE FOR R2)
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NC: 2023:KHC:21114
WP No. 7679 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED JUDGMENT AND AWARD DATED
03.10.2015 IN LAC NO.23/2013 PASSED BY THE HON'BLE II
ADDL. SENIOR CIVIL JUDGE AND JMFC, HASSAN AS PER
ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner-Union of India, represented by its
Deputy Chief Engineer (Construction), South Western Railway
has filed the present petition seeking for issuance of writ of
certiorari to quash the impugned judgment and award dated
03.10.2015 in LAC No.23/2013, copy of which is enclosed at
Annexure-A.
2. A perusal of the judgment in LAC No.23/2013 which is
the reference made under Section 18 (1) of the Land
Acquisition Act for fixation of correct market value would reveal
that the said petition has been disposed off determining
compensation of Rs.1,00,000/- per gunta along with statutory
benefits.
3. It is not in dispute that acquisition is by the State
Government for the purpose of formation of Hassan-Arasikere
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WP No. 7679 of 2023
Railway Project. The beneficiary in the present acquisition
process is the Railways.
4. It is noticed that the Apex Court in the case of
U.P.AWAS EVAM VIKAS PARISHAD v. GYAN DEVI (DEAD)
BY L.R.s AND ANOTHER [ AIR 1995 SC 724] which is the
judgment of the Constitution Bench has observed as follows:
"24. To sum up, our conclusions are:
1...............
2..............
3..............
4..............
5..............
6. The local authority is a proper party in the
proceedings before the reference court and is
entitled to be impleaded as a party in those
proceedings wherein it can defend the determination
of the amount of compensation by the Collector and
oppose enhancement of the said amount and also
adduce evidence in that regard.
5. In light of the above position of law, the judgment and
award passed in LAC No.23/2013 is set aside and the matter is
remitted for fresh adjudication before the Reference Court as
regards the petition under Section 18 (1) of the Land
Acquisition Act.
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WP No. 7679 of 2023
6. The trial court to implead the petitioner herein which
is the beneficiary as an additional respondent for continuation
of the proceedings under Section 18 (1) of the Act. It is open
to the parties to make joint mention to the court as to whether
portions of proceedings can be kept intact which would not
prejudice the interest of neither the petitioner nor the
respondent. The court to take note of the above observation
and resume and conclude further proceedings taking note that
reference relates to the year 2013 and dispose off the case as
expeditiously as possible.
Sd/-
JUDGE
NP
