Mohammed Yousuff vs State Of Karnataka
2024 Latest Caselaw 804 Kant

Karnataka High Court

Mohammed Yousuff vs State Of Karnataka on 9 January, 2024

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                     -1-
                                                               NC: 2024:KHC:1061-DB
                                                                  WA No. 707 of 2023




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 9TH DAY OF JANUARY, 2024

                                               PRESENT
                               THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
                                                    AND
                       THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
                                WRIT APPEAL NO. 707 OF 2023 (LA-RES)
                       BETWEEN:

                       MOHAMMED YOUSUFF
                       S/O LATE MOHAMMED HUSSAIN SAB
                       AGED ABOUT 69 YEARS
                       ADVOCATE AND LAND LORD
                       R/O MALNAD BUILDING
                       JG ROAD, CHIKKAMAGALURU-577101              ...APPELLANT

                       (BY SRI. MOHAN K N., ADV.)

                       AND:

                       1.      STATE OF KARNATAKA, BY ITS SECRETARY
                               VIDHANA SOUDHA, BANGALORE-560 001

                       2.      THE SECRETARY, PUBLIC WORKS
                               DEPARTMENT, GOVERNMENT OF
Digitally signed by            KARNATAKA, VIDHANA SOUDHA
MALA K N                       BENGALURU-560 001
Location: HIGH COURT
                       3.      THE DEPUTY COMMISSIONER
OF KARNATAKA
                               OFFICE OF THE DEPUTY COMMISSIONER
                               CHIKKAMAGALURU DISTRICT
                               CHIKKAMGALURU-577 101

                       4.      THE EXECUTIVE ENGINEER
                               PWD OFFICE OF THE EXECUTIVE
                               ENGINEER, CHIKKAMAGALURU

                       5.      THE ASST.EXECUTIVE ENGINEER
                               NO.1, SUB DIVISION, PWD
                               CHIKKAMAGALURU-577 101
                             -2-
                                          NC: 2024:KHC:1061-DB
                                             WA No. 707 of 2023




6.   THE COMMISSDIONER
     BENGALURU DEVELOPMENT AUTHORITY
     GUTTAHALLI, BENGALURU-560 020
                                    ...RESPONDENTS

(BY SRI. SUDEV HEGDE, AGA FOR R1 TO R5)

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO a)SET ASIDE THE
ORDER DATED 30/03/2023 IN WP NO.4783/2022, PASSED BY
THE LEARNED SINGLE JUDGE AND ALLOW THE WRIT
PETITION AND b) PASS SUCH OTHER RELIEF/s OR ORDERS.

      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:

                    JUDGMENT

Heard Shri K.N. Mohan, learned Advocate for

the appellant and Shri Sudev Hegde, learned AGA for

respondents No.1 to 5-State.

2. Appellant/petitioner claims that his land was

acquired for the purpose of widening the road by

respondents No.1 to 5. His claim is that he is

entitled for compensation and other rehabilitative

benefits under Section 30 of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 ('the Act'

for short).

NC: 2024:KHC:1061-DB

3. The Hon'ble Single Judge has in our opinion,

rightly held that the Act has been notified by the

Parliament w.e.f. 01.01.2014. Petitioner's land has

been acquired much earlier. Therefore, benefit

under the Act is not available. We are at one with

the view taken by the Hon'ble Single Judge and

accordingly, this writ appeal is dismissed.

4. In view of dismissal of the appeal, pending

interlocutory applications, if any, do not survive for

consideration and they stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

PA CT:HS