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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
mmo mas 'THE 23333 £33.? 01:2 OCFGBER, 2069'
BEFORE " '
THE i~IGN"BLE MR.JUS'I'ICE B.s.P:#fIL 1.: " 1.
WRIT mrmox No.29o{_z2z 2m__g__; VA
BETWEEN:
I}r.Sha11ka1"a;3pa, ..
Sfo Veerappa @, kappa Hugar,
Aged 60 years, _ '
Residing at Barakotri Road,
Keshavanagar, » _ g AA
Dhazwar~S80 007 rs-rmormn
AND:
1. The Acquisi'i:ior:~.O'if:cer,
Kamafaka Indust:ia1.A;>eas
Qeveiopfiism ' '
}'3Io.3;. 1" Cross, Kheny Building,
V-.3" Floor,
V" ~ ,,Be,:;ga;;a1fé-.-.550 039.
A
A Reprefiezitcfl by its Secmtary to
"'i?ev::f'fnixa«~'9epa11ment,
zsa..s.3umm,g,
.A _{)r.A1nbc4.§kar Vcedhi,
V Banga}m«-S60 ()0 1. RESPONBEHTS
g:33}Szi.Basava1'ajV.Saba1ad,Adv. am R1,
..3ri.M.Keshava Ready, AGA for R2}
$-'ti
'E'HiS ¥'E'i'I'fiON IS FELEB UNDER ARTICLES 226 8!, 22'?' OF THE
CONSTITUWQN OF INDIA PRAYING TO QUASH THE ENDORSEMENT
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li}A'E'EI;) 12.5.2009 zssum BY RESPONDENT mm VIBE ANNEXUREA AND
THIS PETETEON CDMiN(} ON FOR PRELIMINARY H_i§A.¥§IN{}’,. TH£S
BAY, THE COURT MADE THE FOLLOWING: 4 _» ~ ‘ ..
1. In this Writ petition, P€fitio n e ;rj; is “i
endt:>rsem€3:1t Am:zexm’e~A ‘
Special Land Acquisifion ‘VA
directing is also 19 tcJ«s’;V;V)’.?ézhSéw.v an award as
recgzired under Sec:tions”2#i9′ Act read with
Section 1 1 of; rgezspect of site N-9.218
fanned in we .153, 156 and 155 of Jigani
Vfllagté, “‘*Ba1iga1ore Qistrict and tr) pay
compensa:’.i_<m to 'i'hé pfititigner.
'~ _ $3. the cése'*o'f'¥:he petificner that he has purchased site
IV'=iVr«)T. 30 X 50 feet formed in the layout at Jigani
\}'i11}é*ige, Taiuk, Bangalore, comprised in Sy.N0s.1-42/1,
253; 1S:<;3_a:;.e1 :55. The Sam site along with the adjoining sites
» 3:}a'Ts'«..«be#n acquired by the respcnéants for the puma: af
AAi;';,¢fiziAsa'i:3l area. Pmliminary ant} Final nofifications under
u WSec'£ion 28(1) and 28(4) of the Act have been issued. Pctifionsr
]:1a$ not been served with any notice of acquisititm. it is his
fir
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further case that only through the Gram Panehayat he came is
know about the acquisition of the land.
3. In support of his case that he has f}1iI'(3ha$3éC’£’.fi1C
petitioner has produced the sale deed .e
A11nexure~C. The certificate
Panehayat to the efieet t11at»i5h_e pefiiiiener isT:ofié:11e:r.£3f iSi3;e
No.218 as per the register bftlie is
pmduced at «_
4. It is zixgerl. by t1ie”;.ie§itieI;e;_ 3 of the Writ
petition that uiifiéler Section 28(4) of the
Act, tiie tn’ the peiitioner was acquired on
25.e9.2w3. * !E£a{%i1;1§:é>oz;::§§£*geVt4<) know of the acquisition, petitioner
his éidxreeatei issued a notice to the 1'" respondent
to pass an award with regarti to his site
Copy of the said nofice is produced at
In reply, the 1" reepondent informed that no
hes been passed, but they were agreeable ta pay a sum of
1..§<s..'§3,510/» as has been consented to by the other owners
ii .,V_\%hose Iands were aiso acquired under the same notificatiee.
This intimation is produced at AI:u1eXuI'e~–B. However, the
mtifiener sent another zepresentatimgt dated 18.05.2009 vide
%/.
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A}:1,z1exure~G stating that he is not agmeabie for pai.3sVia:;:5g.$uch a
censent award and that he be paid the market
an award in terms of the Land
mspondents have not taken any §=._as5$
pay the compcnsafion, the prcsent V
5. Upon hearing thg ‘for: V;;éax*i’§.es, I find
from the contentions appearing for the
KIADB Sri Basavarvaj ‘Vfiothcr land owners
whose: purpose under the
same ctgggzéent to receive Rs.33,5 10/ —
far been called upon to produce
reievanztf to his site and receive the same
co;x1};v::nsafi;$ix.._:V Fifi?’ contends that unlgss the pefitioner
” :,shaw§ of which survey number the site was
4 2:::1’£i;hoI’iti€:s xvii} not he in a position ‘:0 ascertain’
véhgiher _ in qumtion has bezen in fact acquired and
“._,.c0mpe3:%*4s;tion has to be: paid.
Learned Counsel Sri G.B.Sha.s1:Iy appearing far the
..péti1:ioner invites the attention of the Caurt to Annexurefi –
VV communicatian dated 26.03.2009 issued by the Specia} Lam}
Acquisitian Officer, whemundcr the petitiontr was called upon
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t0 be present along with the origina} documents and. with two
gyassgmrt s-ize phetos as also a bank pass book the
compensation amount; of Rs,33,510/– and jffnpt
apex} to the Land Acquisifion Oficer to
disputr: mgaxding the acquisitionipf t-Jae’; fivs;i’i:r; Vt? 4.:
petitioner.
7. It is seen from »v::;o£ipc tfiat. Land
Acquisition Oficcr has ‘Lfoii11:§e1;isa1ion at the rate of
Rs.33,51{)/– to 1.116 ” upon him to
produce fiiSӎlso the indemnity bond
of PEs.210()[+1{1%it}:g….@ss}:s<§i*£…_$i?,e photos. The Land Acquisition
Officer has b1fbrni¢c:.A't'ié"«}:%§iiii:ioner to receive the compensation
amof..u1t_of fgar the site bearing No.218 measuxing
".'30""x S%0""aé yer the rats axrived at on consent, in simflax cases
is passed. There: is nothing to show that the
p»€i:ifion&1* jconaented for receiving the saifi amoutzt. It is in
this bagfigxound the pwfifianer has again written to the Land
V'_A13;r;g;"1i:i'sit;ionL Oficar on 18.05.2009 vfle A3:mexi1re~C3 informing
' that he has not given any such consent and therefore
compensation payable to him in accoztiance with law may be
determined by passmg an award.
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9. Hencré, this writ petition is aiiowed in part. T1;é».};¥6:1jfionar
is directed to appear before the Land Acquisiti(§ii”fi)fi§cj;{r:..;%§Io_ng
with his original documents on 16. 1 1.20()$… _
Acquisition Oficer shall consieier {he tfig’
be produced by the yetifioncr and
contempiated in law shall neccésaxjr and pay
compensation. R K S
KI-£2