Benefit Film City India Ltd vs The State Of Karnataka
2023 Latest Caselaw 2025 Kant

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                                                     WP No. 22925 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 27TH DAY OF MARCH, 2023

                                          BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                          WRIT PETITION NO. 22925 OF 2022 (LA)

                   BETWEEN:

                   BENEFIT FILM CITY INDIA LTD.,
                   THROUGH ITS AUTHORISED REPRESENTATIVE
                   MR. LAL GOEL,
                   HAVING ITS REGISTERED OFFICE AT
                   65, MAHADA, S.V.P. NAGAR,
                   ANDHERI MUMABI 400 001.

                   ALSO AT: PADUMARNADU VILLAGE,
                   MANGALORE TALUK, D.K. DISTRICT,
                   LIMITS OF MOODBIDRI 574 197.
                                                             ...PETITIONER
                   (BY SRI. SARASWATHI.,ADVOCATE)

                   AND:
Digitally signed
by SHARADA         1. THE STATE OF KARNATAKA,
VANI B                THROUGH SPECIAL LAND ACQUISITION OFFICER,
Location: HIGH        KARNATAKA STATE GOVERNMENT
COURT OF
KARNATAKA             EMPLOYEES ASSOCIATION,
                      CLOCK TOWER, HAMPANAKATTE,
                      MANGALORE, D.K DISTRICT 575 001.

                   2. SEPCIAL LAND ACQUISTION OFFICER,
                      NATIONAL HIGHWAYS AUTHORITY OF INDIA,
                      SUBRAMANI NAGAR, GUDDEDAHALLI,
                      HEBBAL, BANGALORE - 560 032.
                      AMENDED V.C.O DATED 09.01.2023
                                                            ...RESPONDENTS
                   (BY SRI. R SRINIVASA GOWDA., AGA FOR R1;
                       SRI. SHOBHITH N SHETTY.,ADVOCATE FOR R2)
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                                          WP No. 22925 of 2022




      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE/QUASH
TERM/CONDITION NO-9 OF THE IMPUGNED NOTICE BEARING
NO N.H.L.A.Q.C.R.01/2021-22 DATED 23.04.2021 ISSUED BY
RESPONDENT TO THE PETITIONER, VIDE ANNEXURE-B AND
ETC.,

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Petitioner is grieving before the Writ Court against

condition No.9 incorporated in the impugned Notice dated

23.04.2021 a copy whereof avails at Annexure-B. The

said condition reads as under:

"9. ¸ÀA§AzsÀ¥ÀlÖ ¥ÀæzÉñÀzÀ ªÁtÂdå ¨ÁåAPï/ ¸ÀºÀPÁgÀ ¸ÀAWÀUÀ½AzÀ AiÀiÁªÀÅzÉà jÃwAiÀÄ ¸Á® ¨ÁQ EgÀĪÀÅ¢®è JAzÀÄ ¤gÁPÉëÃ¥ÀuÁ zsÀÈqÀ¥ÀvÀæ ¥ÀqÉzÀÄ ºÁdgÀÄ¥Àr¸ÀĪÀÅzÀÄ."

2. Learned AGA appearing for the 1st Respondent

- State and the learned Panel Counsel appearing for the

2nd Respondent - NHAI oppose the Petition contending

that the condition is consistent with the latest decision of

this Court in W.P.No.18206/2022 (LA-RES) between M/S D

C B BANK LIMITED and THE ASSITANT COMMISISONER &

OTHERS, disposed off on 16.03.2023 wherein the lender

Bank which had secured repayment of loan by having the

WP No. 22925 of 2022

mortgage of the subject property is entitled to have its say

over the claim for payment of compensation made by the

borrower, where such property is acquired.

3. Having heard the learned counsel for the parties

and having perused the petition papers, this Court is

broadly in agreement with the submission made on behalf

of the Respondents. In the case mentioned above, the

following observations have been made in support of their

submission which reads as under:

"In the above circumstances, this Writ Petition succeeds; a Writ of Mandamus issues to the 2nd Respondent - SLAO to refer the claim of Petitioner - Bank forthwith to the Court of I Additional District Judge, Chitradurga, with all necessary papers, with intimation to the Petitioner.

On such reference being made, the Court after notice to all the stakeholders, shall adjudge the claim of Petitioner-Bank, within an outer limit of one year . All contentions of the parties are kept open.

Till the Reference is decided, the compensation amount shall be kept in the interest earning scheme of some Nationalized Bank as a short time deposit of one year and that, the compensation shall follow its outcome.

Now, no costs."

WP No. 22925 of 2022

4. There is force in the contention of learned Panel

Counsel appearing for the Respondent - NHAI that

consistent with the very same decision supra, the dispute

if any between the land owner and the lending institution,

which is an " interested person" be referred to

jurisdictional Court for adjudication under Section 3H(4) of

the 1956 Act.

In view of the above and with the above

observations, this Writ Petition is disposed off.

All contentions are kept open.

The Special Land Acquisition Officer cum Competent

Authority, NHAI, Clock Tower, Hampanakatte, Mangaluru,

Dakshina Kannada, is directed to give effect to this

judgment.

No costs.

Sd/-

JUDGE Bsv