Karnataka High Court
Union Of India vs The State Of Karnataka on 8 January, 2024
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WP No. 801 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.801 OF 2023 (LA-RES)
BETWEEN:
1. UNION OF INDIA
REPRESENTED BY
DEPUTY CHIEF ENGINEER (CONSTRUCTION-IV)
SOUTH WESTERN RAILWAY
CANTONMENT RAILWAY STATION,
NO.18, MILLERS ROAD,
BANGALORE- 560 046.
...PETITIONER
(BY SRI CHANDRACHUD A., CGSC)
AND:
1. THE STATE OF KARNATAKA
Digitally
signed by H REPRESENTED BY THE SPECIAL LAND
K HEMA ACQUISITION OFFICER,
Location: H.R.P.-II, HASSAN- 573 201.
High Court of
Karnataka
SRI BELUREGOWDA
S/O LATE CHANNEGOWDA
SINCE DEAD BY LR'S,
2. SMT. PREMA
D/O. LATE BELUREGOWDA
W/O. SRI SHANKARA
AGED ABOUT 54 YEARS
R/AT H.N. PURA ROAD
K.HOSSAKIPPALU
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WP No. 801 of 2023
KASABA HOBLI, HASSAN-573 201.
3. SMT. BHARATHI
D/O. LATE BELUREGOWDA
W/O. SRI SHYAM T.K.,
AGED ABOUT 46 YEARS
RESIDING AT KASABA HOBLI
HOLE THIMMANAHALLI VILLAGE
THIMMANAHALLI, KANDALI
HASSAN-573 217.
4. SRI UMESHA B.
S/O. LATE BELUREGOWDA
AGED ABOUT 44 YEARS
RESIDING AT GAVENAHALLI
HASSAN-573 201.
...RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R.1;
R.2: SERVED AND UNREPRESENTED)
THIS PETITION IS FILED UDNER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI TO QUASH THE IMPUGNED JUDGMENT AND
AWARD DATED 14.03.2016 IN LAC NO.520/2014 PASSED BY
THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AT HASSAN AS
PER ANNEXURE-A AND CONSEQUENTLY QUASH THE
COMMUNICATION/LETTER DATED 13.09.2022 ISSUED BY THE
RESPONDENT NO.1 AS PER ANNEXURE-'B' AND ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 801 of 2023
ORDER
1. The petitioner is South Western Railway. Lands
which are subject matter of the writ petition was acquired
for the benefit of the petitioner herein. However, while
determining enhancement of the compensation, the same
has been enhanced without making the petitioner a party
to the proceedings. Aggrieved by the same, the present
writ petition is filed.
2. It is settled principle of law that when the land is
acquired for a particular beneficiary, the proceedings
where enhancement of compensation is decided, the
beneficiary has to be heard. As the petitioner is not heard
in this case, the writ petition deserves to be allowed and
hence, the following:-
ORDER
i. The writ petition is allowed.
ii. The impugned order dated 14.03.2016
passed by the Principal Senior Civil Judge at
NC: 2024:KHC:888
Hassan in LAC No.520/2014 vide Annexure-'A'
to the writ petition and notice dated 13.09.2022
issued by the respondent No.1 bearing
No.¸ÀASÉå:ºÉZï.©.Dgï:1/2022-23/2030 vide Annexure-'B'
to the writ petition are hereby set aside insofar
as it relates to enhancement of compensation is
concerned.
iii. The matter is remanded back to the
Principal Senior Civil Judge, Hassan and parties
are directed to appear before the Tribunal on
05.02.2024 without further notice.
Sd/-
JUDGE
VMB
