Karnataka High Court
The Special Land Acquisition ... vs Sri Srinivasa M on 21 June, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
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WA No.18 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO.18 OF 2019 (LA-KHB)
BETWEEN:
1. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA HOUSING BOARD
Digitally CAUVERY BHAVAN
signed by BENGALURU-560 009.
RUPA V REP. BY DAYANANDA BHANADRI.
Location:
High Court 2. THE COMMISSIONER
of Karnataka KARNATAKA HOUSING BOARD
CAUVERY BHAVAN
BENGALURU-560 009
REP. BY G.N. SHIVAMURTHY.
...APPELLANTS
(BY SRI. S.A. AHMED, ADV.,)
AND:
1. SRI. SRINIVASA M
S/O LATE MUNIYAPPA
OCC:AGRICULTURIST
R/AT NO.74, BHYALALU
CHUNCHANAKUPPE POST
TAVAREKERE HOBLI
BENGALURU TALUK, BENGALURU-562 130.
NOW PRESENTLY R/AT NO.76
4TH CROSS, MARUTHI NAGAR
ITTAMADU MAIN ROAD
BSK 3RD STAGE, BENGALURU-85
BENGALURU CITY.
2. SMT. NARASAMMA
D/O KEMPAIAH @ VATTAIAH
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WA No.18 of 2019
OCC:HOUSEHOLD AND AGRICULTURIST
R/AT BHYALALU, CHUNCHANAKUPPE POST
TAVAREKERE HOBLI, BENGALURU TALUK
BENGALURU-562130
BENGALURU CITY.
3. SMT. CHOTAMMA
W/O LATE DODDANRASIAH
OCC:HOUSEWIFE AND AGRICULTURIST
R/AT NO.74, BHYALALU
TAVAREKERE HOBLI, BENGALURU TALUK
BENGALURU-562 130
BENGALURU CITY.
4. SRI. SAMPATH
S/O LATE KUMBINARASIAH
OCC:AGRICULTURIST
R/AT BHYALALU, TAVAREKERE HOBLI
BENGALURU TALUK, BENGALURU-562 130
BENGALURU CITY.
5. SMT. NARAYANAMMA
W/O LATE PUTTAIAH @ CHIKKAKEMPAIAH
OCC:AGRICULTURIST
R/AT KAGGALIPURA COLONY AND POST
UTTARAHALLI HOBLI
KANAKAPURA MAIN ROAD
BENGALURU SOUTH TALUK
BENGALURU-560 082
BENGALURU CITY.
6. THE STATE OF KARNATAKA
BY ITS SECRETARY
LAND ACQUISITION DEPARTMENT
M.S.BUILDING, BENGALURU-560001.
7. THE DEPUTY COMMISSIONER
BENGALURU SOUTH TALUK
BENGALURU-560053.
...RESPONDENTS
(BY SMT. SUKANYA H.D. ADV., FOR C/R1 TO R5
SRI. LAXMI NARAYANA, AGA FOR R6 & R7)
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WA No.18 of 2019
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED
ORDER PASSED BY HON'BLE SINGLE JUDGE IN WRIT
PETITION NO.28119/2018 DATED 09/11/2018.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.S.A.Ahmed, learned counsel for the appellant.
Smt.Sukanya H.D., learned counsel for the
respondent.
With consent of the learned counsel for the parties,
the appeal is heard finally.
This intra Court appeal has been filed against an
order dated 09.11.2018 passed by the learned Single
Judge by which writ petition preferred by the
respondent Nos.1 to 5 has been disposed of with a
direction to the Karnataka Housing Board (hereinafter
referred to as 'the Board') to consider the claim of
respondents for compensation within an outer limit of
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WA No.18 of 2019
eight weeks. It has further been directed that the Board
shall be liable to pay interest at the rate of 24% p.a. on
the delayed period during which the compensation
remained unpaid subject to recovery of the amount from
the concerned officials. It is not in dispute that the land
belonging to respondents were acquired by the Board.
It is also not in dispute that an award was passed on
02.09.2015 determining the compensation payable to
respondents. However, it appears that there was a
dispute with regard to the title in respect of the lands
which were acquired.
2. Respondent Nos.1 to 5 filed a writ petition
directing the appellant to consider their grievance with
regard to payment of compensation and to award
interest for the period of delay in making payment of
compensation. However, during the pendency of the
writ petition, the Board on 25.10.2018, deposited the
amount before the Civil Court. It appears that there
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WA No.18 of 2019
was a dispute between the parties with regard to title of
the land. It is not in dispute that the Reference Court
subsequently vide judgment dated 20.06.2020 passed in
LAC No.94/2018, has found that respondent Nos.1 to 5
have no title in respect of land measuring 2 acres in
Sy.No.45/2 of Bhyalalu Village, Tavarekere Hobli,
Bangalore Taluk. It is also not in dispute that against
the aforesaid order, respondent Nos.1 to 5 have not
preferred an appeal and the aforesaid order has attained
finality. Therefore, on account of subsequent events
which have taken place after the filing of the writ
petition as well as this writ appeal, since the respondent
Nos.1 to 5 do not have a title in respect of land
acquired, they cannot claim compensation.
Consequently, grant of interest to them also does not
arise. Therefore, order passed by the learned Single
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Judge dated 09.11.2018 cannot be sustained in the eye
of law. It is accordingly set aside.
In the result, the appeal is allowed.
Consequently, pending interlocutory applications
are also disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
