Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8620 WP No. 1901 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1901 OF 2025 (LA-RES) BETWEEN:
SRI K.C. AJJANNA, S/O LATE CHINNAPPA AGED ABOUT 86YEARS R/AT KANATANAKUTNE VILLAGE MALLTHAHALLI POST DODDABALALPURA TALUK BANGALORE RURAL DISTRICT 561203 …PETITIONER (BY SRI. SRIKANTH N V.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESETNED BY ITS PRINCIPAL SECRETARY PUBLIC WORKS PORTS AND INLAND WATER TRANSPORT DEPARTMENT VIDHANSOUDHA DR B R AMBEDKAR VEEDHI BENGALURU - 560 001.
2.
THE SPECIAL LAND ACQUISTION OFFICER KRDCL, SOMAPARKA SOUDHA 3RD FLOOR, OPP TO ORIAN MALL RAJAJINAGARA, BENGALURU - 560 010.
3.
THE CHIEF EXECUTIVE OFFICER KRDCL, SAMPARKA SOUDHA 3RD FLOOR, OPP TO ORION MALL RAJAJINAGAR BENGALURU - 560 010. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8620 WP No. 1901 of 2025 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1;
SRI. VIJAYA KUMAR BAJANTRI.,ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION DATED 29.10.2024 AS PER ANNX-A. DIRECTION TO THE R-2 AND 3 TO RELEASE THE COMPENSATION AMOUNT ALONG WITH INTEREST TO THE PETITIONER IN RESPECT OF THE LAND BEARING SY.NO. 27/1 MEASURING 0.03.04 AS EARLY AS POSSIBLE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Grievance of the petitioner is that he is the owner of an extent of 2 acres of land in Sy.No.27/1, situated at Kantanakunte Village, Kasaba Hobli, Doddaballapura Taluk a portion measuring 0.03.04 guntas of said land was acquired by the respondent-Authorities for the purpose of widening of Yelahanka - Kudumalakunte road in terms of preliminary notification 15.02.2015 followed by final notification dated 30.05.2017. Award notice having been issued determining the compensation at Rs.22,12,360/- as per Annexure-E and award having been passed on 05.02.2018, the petitioner has not sought for any enhancement.
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NC: 2025:KHC:8620 WP No. 1901 of 2025
2. Learned counsel for the petitioner submits that despite the petitioner approaching the respondent-Authorities for release of the amount, the respondent-Authorities are delaying the same for one reason or the other. He further submits under similar circumstances in respect of very same acquisition Co-ordinate Bench of this Court by its order dated 02.11.2022 in W.P.No.7988/2022 produced at Annexure-F had directed the respondent-Authorities to consider the representation of the petitioner therein. He submits similar directions be issued to the respondent-Authorities in the instant case as well.
3. Learned counsel appearing for the respondent Nos.2 and 3 submits that given sometime the representation will be considered in accordance with law.
4. Heard and perused the records.
5. There is no dispute that the land belonging to the petitioner has been acquired. Though the award is passed, there is no reason assigned by the respondent-Authorities for non release of the said amount to the petition. Respondent-Authorities without any justifiable reason cannot retain the compensation amount payable to the petitioner.
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NC: 2025:KHC:8620 WP No. 1901 of 2025
6. In view of the above, the petition is allowed. The respondent-Authorities is directed to consider the representation dated 29.10.2024 produced at Annexure-A and after considering the entitlement the petitioner, release the award amount within an outer limit of twelve weeks from the date of receipt of certified copy of this
order. It is made clear should there be any dispute, the same be intimated to the petitioner. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 64