Karnataka High Court
Smt. Eramma vs State Of Karnataka on 6 February, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2024:KHC:4972-DB
WA No. 1035 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT APPEAL NO. 1035 OF 2023 (LA-KIADB)
BETWEEN:
1. SMT. ERAMMA
Digitally signed W/O LATE RAMAPPA
by ANUSHA V AGED ABOUT 78 YEARS
Location: High R/AT B.K. PALYA VILLAGE
Court of JALA HOBLI
Karnataka YELAHANKA TALUK
BENGALURU-562 149
...APPELLANT
(BY SHRI D.R. RAVISHANKAR, SENIOR ADVOCATE
FOR SHRI RAVI KUMARA M, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SECRETARY TO
REVENUE DEPARTMENT
M.S. BUILDING
AMBEDKAR VEEDHI
BENGALURU-560001
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NC: 2024:KHC:4972-DB
WA No. 1035 of 2023
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
REP. BY ITS CHIEF EXECUTIVE OFFICER
NO.49, KHANIJA BHAVANA
V FLOOR
EAST WING
RACE COURSE ROAD
BENGALURU-560 001
3. THE SPECIAL LAND
ACQUISITION OFFICER-II
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
SCOUTS AND GUIDES BUILDING
MAHARANI COLLEGE ROAD
4TH FLOOR
EAST WING
RACE COURSE ROAD
BENGALURU-560 001
...RESPONDENTS
(BY SMT. NILOURFER AKBAR, AGA FOR R-1;
SHRI H.L. PRADEEP KUMAR, ADVOCATE FOR R-2 & 3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE/QUASH THE ORDER DATED 13.06.2023 PASSED BY
THE SINGLE JUDGE IN W.P.NO.6403/2023 AND
CONSEQUENTLY DIRECT RESPONDENT NOS.2 AND 3 TO
PAY THE INTEREST ON COMPENSATION AT THE RATE OF
9% PER ANNUM FROM 21.11.2008 ON WHICH
POSSESSION OF THE PROPERTY WAS TAKEN, BY
ALLOWING THIS WRIT APPEAL AS PRAYED FOR AND ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
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NC: 2024:KHC:4972-DB
WA No. 1035 of 2023
JUDGMENT
Learned advocate for respondents No.2 and 3 has
filed a memo dated February 5, 2024 annexing letter
dated January 29, 2024 written by the Special Land
Acquisition Officer-2, KIADB1, Bengaluru. The memo
reads as follows:-
"The Respondent No.3-SLAO-2, KIADB Bengaluru
has addressed a letter to the counsel on record on
30.01.2024 stating that land in Sy No.7 measuring
181-39 acres of BK Palya Village, Jala Hobli,
Yalahanka Taluk, Bangalore was transferred to the
KIAD Board under Section 28(8) of the Act on
21.11.2008. Copy of the letter and order of transfer
made under Section 28(8) is produced for kind
consideration of the Hon'ble Court."
2. Shri D.R.Ravishankar, learned Senior Advocate for
the appellant submitted that this Court had directed
payment of interest from May 16, 2015 whereas,
possession was taken on November 21, 2008.
3. In view of the memo dated February 5, 2024,
there is no dispute with regard to date of taking
possession i.e., November 21, 2008.
Karnataka Industrial Areas Development Board
NC: 2024:KHC:4972-DB
4. To a pointed query whether the appellant-land
owner is entitled for interest from November 21, 2008 till
the date of payment, lear advocate for KIADB, based on
the letter dated January 29, 2024 annexed to the memo,
answered in the affirmative.
5. In view of the above, this writ appeal is allowed.
The order dated June 13, 2023 stands modified holding
that the appellant should be entitled for interest from
November 21, 2008.
6. In view of disposal of the appeal, pending interlocutory
applications, if any, do not survive for consideration and they
stand disposed of.
No costs.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
