Karnataka High Court
Allabakash vs The State Of Karnataka on 3 October, 2023
Bench: Chief Justice, Krishna S Dixit
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WA No. 974 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 974 OF 2023 (LA-BDA)
BETWEEN:
1. ALLABAKASH
S/O LATE SYED KHADER,
AGED ABOUT 44 YEARS,
R/AT NO.427, 1ST CROSS,
GANGONDANAHALLI,
NAYANDAHALLI POST,
MYSORE ROAD,
BANGALORE - 560 039.
2. BIJAN BI
D/O LATE SYED SAB,
Digitally signed AGED ABOUT 99 YEARS,
by SHARADA RESIDENT OF SY.NO. 102
VANI B
OLD SY. NO.48,
Location: HIGH NAGARABHAVI 1ST STAGE,
COURT OF
KARNATAKA 3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
3. KHAMURINISSA
D/O LT AHMED SAB,
AGED ABOUT 66 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
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WA No. 974 of 2023
4. MOUSINA TAJ
W/O MOHAMMED FARAOOQ
AGED ABOUT 39 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48, NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
5. SYED BASHEER,
S/O LATE SYED BABU
AGED ABOUT 60 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
6. THAHERA BEGUM,
W/O LATE MOHAMMED GHOUSE,
AGED ABOUT 68 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
7. SYED AMEER
S/O LATE SYED HUSSAIN,
AGED ABOUT 69 YEARS
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
8. SYED SHAFI,
S/O LATE SYED HUSSAIN,
AGED ABOUT 56 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
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WA No. 974 of 2023
9. FARIDA BEGUM,
D/O LATE SYED HUSSAIN,
AGED ABOUT 71 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
10. ZUBED BEGUM,
D/O LATE SYED HUSSAIN,
AGED ABOUT 49 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
11. SYED ILLIAS,
S/O LATE SYED KHADER,
AGED ABOUT 64 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
12. SYED RASHEED,
S/O LATE SYED KHADER,
AGED ABOUT 63 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48, NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
13. MEHABOOB PASHA,
S/O LATE SYED KHADER,
AGED ABOUT 54 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
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WA No. 974 of 2023
14. SYED NOOR,
S/O LATE SYED KHADER,
AGED ABOUT 39 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
15. HASINA BEGUM,
D/O LATE SYED KHADER,
AGED ABOUT 49 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
16. SHAHINA BEGUM,
D/O LATE SYED KHADER,
AGED ABOUT 48 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
17. NAZNEE BEGUM,
D/O LATE SYED KHADER,
AGED ABOUT 46 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
18. BASHEER,
D/O LATE MAJEED SAB,
AGED ABOUT 77 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48, NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
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19. MEHAMOOB,
D/O LATE MAJEED SAB,
AGED ABOUT 77 YEARS,
RESIDENTS OF SY.NO. 102,
OLD NO. SY.NO.48,
NAGARABHAVI 1ST STAGE,
3RD BLOCK, SYED SAB PALYA,
BANGALORE - 560 072.
...APPELLANTS
(BY SRI. DIWAKAR.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY SECRETARY,
HOUSING AND URBAN DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. BANGALORE DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER,
SANKEY ROAD, BANGALORE - 560 080.
3. SPECIAL LAND ACQUISTION O OFFICER
REPRESENTED BY ITS COMMISSIONER,
SANKEY ROAD, BANGALORE - 560 080.
...RESPONDENTS
(BY SMT.NILOUFER AKBAR., AGA FOR R1)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO i) SET ASIDE THE JUDGEMENT
OF LEARNED SINGLE JUDGE OF HON'BLE HIGH COURT OF
KARNATAKA IN WP NO.10229/2014 DATED 10/07/2023 AS PER
ANNEXURE-A AND ii) DIRECT BY WRIT OF MANDAMUS
DIRECTING THE 2ND RESPONDENTS-BDA TO GRANT
COMPENSATION AT THE PRESENT MARKET VALUE IN RESPECT
OF 23 GUNTAS OF LAND OUT OF OLD SY.NO.102, NEW NO.48
OF NAGARABHAVI VILLAGE.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
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JUDGMENT
This intra-court appeal seeks to lay a challenge to
the learned Single Judge's order dated 10.07.2023
whereby their W.P.No.10229/2014 for a direction for
allotment of alternative sites has been disposed off sans
substantive relief. The learned Single Judge at paragraph
7 of the order has reserved certain rights to the appellants
to claim for disbursal of the compensation amount
relatable to 23 guntas of kharab land and has reserved
right to seek enhancement of compensation in accordance
with law.
2. Learned counsel for the appellants argues that
the impugned order is bereft of elements of justice;
learned Single Judge ought to have directed allotment of
alternate sites for the lands lost in acquisition or
otherwise, keeping in view the constitutional guarantee to
the right to property under Article 300A. Learned
Additional Government Advocate appearing for the first
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respondents makes submission in justification of the
impugned order.
3. Having heard the learned counsel for the
appellants and learned Additional Government Advocate
appearing for the official respondent, we decline
indulgence in the matter broadly agreeing with the
reasoning on which the impugned order has been
structured. We cannot falter the considered views of the
learned Single Judge that in the absence of statutorily
evolved scheme by promulgation of Rules, no direction for
the grant of alternate sites can be issued. After all, for the
issuance of writ of mandamus the right to the grant has to
be demonstrated in accordance with law.
4. Learned Single Judge is also right in telling the
appellants to lay a claim for the disbursal of compensation
amount in respect of 23 guntas of kharab land, which the
appellants had stated to be lying in deposit with the
jurisdictional Tahsildar. In that connection, he has kept
contention of the parties intact. He has also reserved
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WA No. 974 of 2023
liberty to the appellants to seek enhancement of
compensation, if the same is legally permissible. Thus, the
impugned order has brought about a just result in the fact
matrix of the case as put forth before the learned Single
Judge.
In the above circumstances, this appeal being devoid
of merits is liable to be and accordingly dismissed, costs
having been made easy.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/
