Karnataka High Court
Sri.N.Rajashekhar vs The Land Acquisition Officer on 3 March, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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WA No.1026 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
WRIT APPEAL NO.1026 OF 2021 (LA-RES)
BETWEEN:
1. SRI. N. RAJASHEKHAR
S/O K. NINGAPPA
Digitally R/AT NO. 5, 1ST CROSS
signed by
RUPA V KUMARA PARK WEST
BANGALORE 560020
Location: High
Court of WITH HIS PERMANENT
Karnataka R/AT KAREHALLI VILLAGE
AJJENPURA HOBLI, AJJENPURA TALUK
CHIKMANGALURU DISTRICT-577 549.
...APPELLANT
(BY SRI. AJITH A. SHETTY, ADV.,)
AND:
1. THE LAND ACQUISITION OFFICER
BHADRA UPPER CANAL
PACK III AND ASSISTANT COMMISSIONER
MINI VIDHANA SOUDHA, TARIKEREI-577 228.
2. DR. N. CHANDRASHEKAR
S/O K. NINGAPPA
AGED ABOUT 66 YEARS
R/AT KAMALA OPP. VENKATESHWARA TEMPLE
NH-206, KADUR TOWN
CHIKMANGALUR DISTRICT-577 548.
...RESPONDENTS
(BY SRI. S. KALYAN BASAVARAJ, ADV., FOR C/R2
SRI. B. RAJENDRA PRASAD, HCGP FOR R1)
-2-
WA No.1026 of 2021
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
02/07/2021 PASSED BY LEARNED SINGLE JUDGE OF THIS
HON BLE COURT IN WRIT PETITION NO.8423/2021 (LA-RES) TO
THE LIMITED EXTENT OF OBSERVATIONS MADE AT PAGE 11
OF THE SAID ORDER, ESSENTIALLY SETTING AT NAUGHT THE
ORDER DATED 26TH FEBRUARY, 2021 PASSED BY THE 1ST
RESPONDENT THEREIN (IN HIS CAPACITY AS ASSISTANT
COMMISSIONER, REVENUE) AS PER ANNEXURE-H TO THE
WRIT PETITION.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Parties along with their counsel are present.
This appeal has been filed against the judgment
dated 02.07.2021 passed by the learned Single Judge by
which the petition filed by the respondent No.2 has been
allowed.
2. Learned counsel for the parties jointly submit
that the dispute between the parties have been amicable
settled. The terms and conditions of the settlement are
as under:
WA No.1026 of 2021
1. The 2nd Respondent herein would hereby
acknowledge the execution of 'Deed of Partition'
on the 12th day of June 2002, registered as
Document No.1465/2002-2003 and he is fully
bound by the terms and conditions contained
therein. The 2nd Respondent would also
unconditionally co-operate in getting the
lands/share in lands, surveyed in terms of
allotments made under 'Deed of Partition' dated
12th day of June 2002, registered as
Document No.1465/2002-2003 and to get
boundaries fixed in strict terms of the said
document. Specifically in the context of Item
No.14 to Schedule-A, Item No.17 to Schedule-B
and Item No.11 to Schedule-C, dimensions and
boundaries whereof have now been correctly
demarcated and fixed in terms of a private
survey and the resultant survey sketch dated
2nd December, 2022, which clarifies the actual
measurements and boundaries. A copy of the
survey sketch is annexed to this joint
application as per DOCUMENT-1. The parties
herein would unequivocally agree that they
would readily execute any document/deed that
would be required to clarify the actual extent of
WA No.1026 of 2021
individual holdings in Item No.14 to Schedule-
A, Item No.17 to Schedule-B and Item No.11 to
Schedule-C.
2. The 2nd Respondent herein would hereby
acknowledge that in terms of the said
arrangement of partition, a land bearing
Survey Number 6/1A, measuring an extent of
10 acres 15 guntas, of Kaalehalli Village,
Ajjampura Hobli, Tarikere Taluk, described as
per Item No.13 of Schedule-B thereto, was
allotted to the Appellant's share.
3. The 2nd Respondent herein would hereby
acknowledge that in terms of the final
notification dated 29th day of October, 2019,
bearing reference number
PÀAFA5¨sÀƸÁéa/2018 an extent of 2 acres
38 guntas from out 10 acres 15 guntas of the
aforesaid land, has been acquired as part of
the 'Bhadra Upper Canal Project Package IV -
Tumkur Branch Lake Works'.
4. The 2nd Respondent herein would hereby
acknowledge and expresses his unconditional
consent for the compensation amount of
WA No.1026 of 2021
Rs.3,81,24,457/- (Rupees Three Crores Eighty
One Lakh Only), currently lying in deposit with
the Special Land Acquisition Officer 'Bhadra
Upper Canal Project Package IV - Tumkur
Branch Lake Works'/Assistant Commissioner,
Tarikere Sub-division, to be remitted to the
Appellant's bank account bearing S.B. Account
No.0632500105200701, Karnataka Bank,
Nehru Nagar Branch, Sheshadripuram,
Bangalore. The 2nd Respondent would also
affirm the Appellant's rights to claim interest
over such amount for the tenure of deposit with
the said authority. Accordingly, the 2nd
Respondent herein would agree and pray
alongside the Appellant that this Hon'ble Court
be pleased to set aside the order dated 2
August, 2021 passed by learned Single Judge
of this Hon'ble Court in Writ Petition No.8423 of
2021 (LA-RES) in totality.
5. The Appellant on his part, hereby
undertakes to earmark a sum of
Rs.1,35,00,000/- (Rupees One Crore Thirty
Five Lakhs Only), to the 2nd respondent herein,
immediately upon receiving the aforesaid
WA No.1026 of 2021
compensation amount in his bank account. Out
of the said fund, the Appellant hereby
undertakes to clear the "Education Loans" vide
Loan Account Numbers 565621000369308 and
565621000369189, availed by the 2nd
Respondent and his children Mrs. Madhavi and
Mr. Manoj from Union Bank of India, Yagati
branch and thereafter, transfer the balance
amount to the 2nd Respondent's bank account
bearing SB Account number 63630100012908,
held with Bank of Baroda, Kadur branch.
Such transfer shall be done not later than 15
days from the date of closure of the
aforementioned "Education Loan" account and
lifting of charge over the Appellant's property
mortgaged towards the said loan account.
6. The Appellant further undertakes to
transfer/convey an extent of 3 acres (three
acres) from out of the land bearing Survey
Number 6/1A, measuring an extent of 10 acres
15 guntas, of Kaalehalli Village, Ajjampura
Hobli, Tarikere Taluk, demarcated as per the
sketch accompanying this application as per
DOCUMENT-2 to the 2nd respondent herein, by
WA No.1026 of 2021
way of an appropriate deed of conveyance.
The Appellant further undertakes to co-operate
with the 2nd Respondent towards procuring
necessary survey sketch and other related
documents to demarcate the said extent of 3
acres and for transfer of all revenue records
related to such extent.
7. The 2nd Respondent hereby undertakes
to withdraw the criminal complaint filed
against the Appellant herein vide
C.C.No.960/2022, currently pending on the
files of the Hon'ble Civil Judge and JMFC
Kadur and so also to withdraw the civil suit
vide O.S.No.91 of 2021 currently pending on
the files of the Hon'ble Senior Civil Judge,
Tarikere.
8. The Appellant hereby undertakes to
withdraw the criminal complaint filed against
the 2nd Respondent herein vide
C.C.No.2503/2021, currently pending on the
files of the Hon'ble Civil Judge, and JMFC
Kadur.
WA No.1026 of 2021
9. The 2nd Respondent further undertakes
to unconditionally withdraw revenue
appeal/revision vide R.A.No.3 of 2021, filed
before the Deputy Commissioner,
Chikkamagalur District. He further undertakes
that he would have no objections whatsoever
for any future application/s that would be filed
by the Appellant herein, seeking change of
revenue entries vis-a-vis those lands which
were allotted to the latter's share vide 'Deed of
Partition' dated 12th day of June 2002,
registered as Document No.1465/2022-03,
save and except for the extent of 3 acres (three
acres) to be carved out of the land bearing
Survey Number 6/1A, measuring an extent of
10 acres 15 guntas of Kaalehalli Village,
Ajjampura Hobli, Tarikere Taluk, which would
be transferred to the 2nd Respondent's name.
10. The 2nd Respondent also undertakes to
forthwith transfer, the 'stage carriage permits'
that had been allotted in favor of the
Appellant's spouse viz., Smt. Girija or her
nominee vide 'Deed of Partition' dated 29th
WA No.1026 of 2021
May, 2002, copy whereof is annexed to this
application as per DOCUMENT No.3.
11. The parties herein would reiterate that
save except for the aforementioned
arrangements, they would not resile from the
'Deed of Partition' on the 12th day of June,
2002, registered as Document No.1465/2002-
2003 in any manner whatsoever and to fully
co-operate with each other to identify each
other's share and so also the share of their
elder sibling who is party to the said document
without any condition whatsoever. The parties
herein would hereby undertake that any claim
made by either of them against any other
property which has been allotted to the other's
share in terms of the aforementioned deed of
partition, would also stand withdrawn
immediately and if need be, immediate steps
would be taken to withdraw the same.
12. It is made expressly clear that non-
compliance of any of the aforementioned
conditions by any of the parties herein would
render the present arrangement otiose in law
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WA No.1026 of 2021
and would entitle the aggrieved person to move
this Hon'ble Court, inter-alia to prosecute the
party at fault for contempt of Court and to seek
such other remedy as would be available in
law.
3. In view of compromise arrived at between the
parties, the appeal is disposed of.
Consequently, the pending interlocutory
application is also disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
