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