Karnataka High Court
H S Venkatesha Murthy vs The Deputy Secretary on 21 October, 2024
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NC: 2024:KHC:41997
WP NO.27783 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.27783 OF 2024 (LA-RES)
BETWEEN:
H.S. VENKATESHA MURTHY
S/O LATE SUBBARAYA SHETTY,
AGED ABOUT 84 YEARS,
R/AT NO.4140/A, S.V. CENTRE,
GANDHIBAZAR CIRCLE, B.M. ROAD,
HASASN - 573 201.
...PETITIONER
(BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
1. THE DEPUTY SECRETARY
REVENUE DEPARTMENT (LAND ACQUISITION),
GOVERNEMENT OF KARNATAKA,
Digitally signed by
M.S. BUILDING,
SHARMA ANAND
CHAYA
DR. AMBEDKAR VEEDHI,
Location: High Court of
Karnataka
BENGALURU - 560 001.
2. DEPUTY COMMISSIONER
HASASN DISTRICT,
HASSAN - 573 201.
3. ASSISTANT COMMISSINONER AND
LAND ACQUISITION OFFICER,
HASASN DISTRICT,
HASSAN - 573 201.
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WP NO.27783 OF 2024
4. EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT AND
INLAND WATER DEPARTMENT,
HASSAN SUB-DIVISION,
HASSAN - 573 201.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE
REPRESENTATION OF THE PETITIONERS EFFECTIVELY, MADE
ON 24TH JULY, 2024 FOR PAYMENT OF AWARD AMOUNT TO
ACQUIRED LAND OF THE PETITIONER DURING THE TIME OF
WIDENING BANGALORE - MANGALORE ROAD (B.M. ROAD)
FROM SUBHASH CIRCLE TO CO-OPERATIVE SOCIETY VIDE
ANNEXURES 'A', 'B' AND 'C'; DIRECT THE RESPONDENT
AUTHORITIES TO FIX THE COMPENSATION AMOUNT OF
RS.7,000/- PER SQ.FT. WITH ALL STATUTORY BENEFITS AS
PER JUDGMENT AND AWARD IN LAC NO.28 OF 2010 PASSED
BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
HASSAN DATED 07TH OCTOBER, 2014 VIDE ANNEXURE-G,
SAME HAS BEEN CONSIDERED AND UPHELD IN
MISCELLANEOUS SECOND APPEAL NO.44 OF 2022 (LA) BY
THIS HON'BLE COURT DATED 24TH FEBRUARY, 2023 VIDE
ANNEXURE-F; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
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WP NO.27783 OF 2024
ORAL ORDER
Sri. Manjunath K., learned High Court Government
Pleader accepts notice for respondents.
2. In this writ petition, the case of petitioner is that the
land belonging to the petitioner along with the building was
acquired by the respondent-Authorities for the purpose of
widening of Bengaluru - Mangaluru Road and acquisition has
been made in respect of Commercial establishment. The
grievance of the petitioner is that, though the representation
dated 24th July, 2024 (Annexures 'A', 'B' and 'C') has been
made to the respondent-Authorities to award just and
reasonable compensation in terms of judgment and award
passed in LAC No.28 of 2010 dated 07th October, 2014
(Annexure-G), the respondent-Authorities have not considered
the same. Hence, this writ petition.
3. Sri. H. Pavana Chandra Shetty, learned counsel
appearing for petitioners referring to the judgment and award
passed by the competent Court in LAC No.28 of 2010,
contended that the competent Court, while determining the
compensation to the claimant therein, had awarded Rs.7,000/-
per Sq.Ft., however, discriminated while awarding the same in
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the case of petitioner herein in LAC No.20 of 2010, by awarding
Rs.5,000/- per Sq. Ft, though the land belonging the claimants
in both the proceedings is adjacent to each other. He further
contended that, though the judgment and award dated 10th
December, 2014 has been passed in LAC No.20 of 2010 by the
competent Court, however, the compensation has not been
deposited by the respondent-Authorities in favour of the
petitioner. Accordingly, he sought for interference of this
Court.
4. Per contra Sri. Manjuanth K., learned High Court
Government Pleader appearing for respondents submitted that,
in the event, if the petitioner is aggrieved by the award of
compensation made by the competent Court under Section
18(1) of the Land Acquisition Act is meagre, it is open for the
petitioner to approach the competent Court in appeal seeking
enhancement of the compensation. Accordingly, he sought for
dismissal of the writ petition.
5. Having taken note of the submission made by learned
counsel appearing for the parties, I have given my anxious
consideration to the judgment and award dated 10th December,
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2014 passed in LAC No.20 of 2010, wherein, the petitioner
herein was the claimant in the said proceedings and
compensation of Rs.5,000/- per Sq. Ft. has been determined to
him. I have also noticed the judgment and award dated 07th
October, 2014 passed in LAC No.28 of 2010, whereby, the
competent Court has determined compensation of Rs.7,000/-
per Sq. Ft. to the claimant therein. In that view of the matter,
though, I find force in the submission made by the learned High
Court Government Pleader appearing for respondent-
Authorities that, it is open for the petitioner to approach the
Competent Court in appeal seeking enhancement of
compensation, however, taking into consideration the factual
aspects on record, the respondent No.2-Deputy Commissioner
is directed to consider the representation made by the
petitioner dated 24th July, 2024 (Annexures 'A', 'B' and 'C') in
accordance with law in the light of observation made above and
pass appropriate orders, within an outer limit of three months
from the date of receipt of this order.
6. In respect of depositing the compensation in terms of
the judgment and award dated 10h December, 2014 passed in
LAC No.20 of 2010, the respondent No.2-Deputy Commissioner
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is directed to consider the case of the petitioner as stated in the
representation dated 24th July, 2024 (Annexures 'A', 'B' and 'C')
and deposit the compensation in favour of the petitioner within
an outer limit of three months from the date of receipt of this
order, if there is no impediment under the law.
With these observations writ petition stands disposed of.
SD/-
(E.S. INDIRESH)
JUDGE
ARK
