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M. Sathyanarayana vs The Special Land Acquisition Officer
2024 Latest Caselaw 12399 Kant

Citation : 2024 Latest Caselaw 12399 Kant
Judgement Date : 4 June, 2024

Karnataka High Court

M. Sathyanarayana vs The Special Land Acquisition Officer on 4 June, 2024

                                            -1-
                                                    NC: 2024:KHC:18977
                                                   WP No. 1940 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 4TH DAY OF JUNE, 2024

                                        BEFORE
                           THE HON'BLE MR JUSTICE M.I.ARUN
                       WRIT PETITION NO.1940 OF 2024 (LA-UDA)

               BETWEEN:

               1.    M. SATHYANARAYANA
                     AGED ABOUT 56 YEARS,

               2.    SHAKUNTALA
                     AGED ABOUT 53 YEARS

               3.    M. NANJUNDASWAMY
                     AGED ABOUT 48 YEARS,

               4.    M. MANJULA
                     AGED ABOUT 43 YEARS,

               5.    M. MAHESHA
Digitally            AGED ABOUT 41 YEARS,
signed by V
MANJUSHA             PETITIONERS NO.1, 3 AND 5 ARE
BAI
Location:            S/O LATE S. MAHADEVU @ MAHADEVAIAH
High Court
of Karnataka         PETITIONERS NO.2 AND 4 ARE
                     D/O. LATE S. MAHADEVU @ MAHADEVAIAH

                     ALL ARE R/AT NO.500
                     6TH CROSS, KESARE
                     3RD STAGE, MYSURU-570 007.

                                                           ...PETITIONERS

               (BY SRI SANDESH P. NADIGERE, ADVOCATE FOR
               SRI G. BALAKRISHNA SHASTRY, ADVOCATE)
                                  -2-
                                                NC: 2024:KHC:18977
                                              WP No. 1940 of 2024




AND:

1.   THE SPECIAL LAND ACQUISITION OFFICER
     MYSURU URBAN DEVELOPMENT
     AUTHORITY (MUDA), J.L.B ROAD
     MYSURU - 570 005.

                                                        ...RESPONDENT
(BY SRI T.P. VIVEKANANDA, ADVOCATE)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE
RESPONDENT            TO      CONSIDER       THE         APPLICATION
L.A.Q.NO.41/1991-92          DATED     16.12.2016   PRODUCED       AT
ANNEXURE-A FILED BY THE PETITIONERS UNDER SECTION
28(A)(1) OF THE LAND ACQUISITION ACT AND MAKE AN
AWARD        AND   THEREBY     RE-DETERMINE       THE    AMOUNT   OF
COMPENSATION PAYABLE TO THE PETITIONERS FOR THEIR
ACQUIRED LAND OF 2 ACRES 6½ GUNTAS IN SY.NO.468 OF
KESARE VILLAGE, MYSORE TALUK ALONG WITH THE KHARAB
LAND THEREIN ON THE BASIS OF THE AWARD OF THE COURT
MADE IN THE JUDGMENT AND DECREE DATED 19.10.2016
PASSED IN L.A.C. NO.316/2005 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE & CJM., MYSURU, WITH
STATUTORY BENEFITS THERETO, PRODUCED AT ANNEXURE-B,
ETC.

       THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN     'B'   GROUP,        THROUGH     PHYSICAL     HEARING/VIDEO
CONFERENCING          THIS    DAY,     THE   COURT       MADE     THE
FOLLOWING:
                                   -3-
                                                     NC: 2024:KHC:18977
                                                WP No. 1940 of 2024




                               ORDER

1. It is submitted that the land of the petitioners measuring

about 2 acres 6-1/2 guntas in Sy.No.468 of Kesare Village,

Kasaba Hobli, Mysuru Taluk has been acquired by the

respondent. The petitioners have made a request to the

respondent to re-determine the compensation amount payable

to them under Section 28(A) (1) of the Land Acquisition Act,

2013. As the same has not been considered, the present writ

petition is filed.

2. Learned counsel appearing for the respondent submits

that if four months time is granted, the request of the

petitioners would be considered in accordance with law and

appropriate orders will be passed.

3. Submission is placed on record.

4. Learned counsel for the petitioners is agreeable for the

same. Hence, the following:-

ORDER

i. Respondent is directed to consider the request of the petitioners in accordance with law and pass appropriate orders within a period of four months

NC: 2024:KHC:18977

from the date of receipt of a certified copy of this order.

ii. The writ petition is accordingly disposed of.

Sd/-

JUDGE

VMB

 
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