D R Ashwath vs State Of Karnataka
2024 Latest Caselaw 1365 Kant

Karnataka High Court

D R Ashwath vs State Of Karnataka on 16 January, 2024

                                          -1-
                                                        NC: 2024:KHC:2064
                                                     WP No. 29847 of 2014




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 16TH DAY OF JANUARY, 2024

                                        BEFORE
                           THE HON'BLE MR JUSTICE M.I.ARUN
                       WRIT PETITION NO.29847 OF 2014 (LA-RES)

               BETWEEN:

               1.    D.R. ASHWATH
                     S/O LATE D. RAMAKRISHNA SETTY
                     AGED ABOUT 75 YEARS
                     R/O. NO.48, 80TH CROSS
                     I PHASE, KUMARASWAMY LAYOUT
                     BANGALORE-560 078.

                                                             ...PETITIONER
               (BY SRI P.N. NANJA REDDY, ADVOCATE)

               AND:

               1.    STATE OF KARNATAKA
                     REPRESENTED BY ITS SECRETARY
                     REVENUE DEPARTMENT
                     VIDHANA SOUDHA, BANGALORE-560 001.
Digitally
signed by V    2.    THE DEPUTY COMMISSIONER
MANJUSHA             TUMKUR-572 102.
BAI
Location:      3.    THE ASSISTANT COMMISSIONER
High Court           & LAND ACQUISITION OFFICER
of Karnataka
                     TUMKUR SUB-DIVISION, TUMKUR-572 102.
               4.    THE CHIEF GENERAL MANAGER
                     KARNATAKA TELECOM CIRCLE
                     TELECOM CIRCLE, M.G. ROAD
                     BANGALORE-560 001.
                                                          ...RESPONDENTS

               (BY SRI YOGESH D. NAIK, AGA FOR R.1 TO R.3;
               SRI Y. HARIPRASAD, ADVOCATE FOR R.4)
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                                            NC: 2024:KHC:2064
                                        WP No. 29847 of 2014




     THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE
LAND ACQUISITION PROCEEDINGS INITIATED IN RESPECT OF
THE    LAND     BEARING     SY.NO.111/3B   MEASURING
290+264+116+74/2 (26,315 SQ.FT.) SITUATED AT TUMKUR,
KASABA    HOBLI   PURSUANT     TO   THE  PRELIMINARY
NOTIFICATION NO.LAQ SR 28/88-89 DATED 22.10.1988 AND
FINAL NOTIFICATION NO.RD-78 AQ.90 DATED 05.02.1991 AS
PER ANNEXURES-B & D RESPECTIVELY ARE LAPSED IN VIEW
OF SECTION 24(2) OF THE AMENDED LAND ACQUISITION ACT
RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,
2013 AND RELEASE THE ABOVE SAID LAND TO THE
PETITIONER ETC.

     THIS PETITION COMING ON FOR HEARING, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT MADE THE FOLLOWING:

                           ORDER

1. The writ petition pertains to acquisition of land situated

in Survey No.111/3B measuring about 26,315 square feet at

Tumkur. The said acquisition was challenged before this

Court and the acquisition has been upheld. The petitioner

has filed the instant writ petition with a prayer to declare

the acquisition as being lapsed in the light of him not

receiving the compensation.

2. The said averment of the petitioner is disputed by the

respondents and it is submitted that the petitioner was a

party to the proceedings in LAC No.13/2003 on the file of the

Principal Senior Civil Judge & CJM, Tumakuru and the said

NC: 2024:KHC:2064

proceedings pertains to the compensation deposited in

respect of lands which are the subject matter of the writ

petition along with few other lands.

3. A copy of the judgment rendered in LAC No.13/2003 is

also produced before this Court.

4. For the aforementioned reason, the writ petition is

hereby dismissed.

Sd/-

JUDGE

hkh.