Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:18301 WP No. 9266 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 9266 OF 2024 (LA-KHB) BETWEEN:
SMT. KANTAMMA, W/O SAMPANGI RAMAIAH, AGED ABOUT 70 YEARS, RESIDING AT INDALVADI VILLAGE, KASBA HOBLI, ANEKAL TALUK, BANGALORE – 562 106. …PETITIONER (BY SRI. NAGENDRA M., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, BY SECRETARY TO GOVERNMENT OF KARNATAKA, DEPARTMENT OF HOUSING, SACHIVALAYA II, NO.213, II FLOOR, VIKAS SOUDHA, BENGALURU, KARNATAKA – 560 001.
2.
THE KARNATAKA HOUSING BOARD, BY ITS COMMISSIONER, KAVERI BHAVAN, K.G.ROAD, BANGALORE – 560 009.
3.
THE SPL. LAND ACQUISITION OFFICER, THE KARNATAKA HOUSING BOARD,
Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:18301 WP No. 9266 of 2024
KAVERI BHAVAN, K.G.ROAD, BANGALORE – 560 009. …RESPONDENTS (BY SRI.KIRAN KUMAR, HCGP FOR R1;
SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR R2 AND R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO R-2 AND 3 TO SET ASIDE THE ARBITRARY AWARD DATED 30.12.2023 PASSED BY RESPONDENT KHB IN RESPECT OF LAND BELONGS TO THE PETITIONER IN SY.NO.172/3 TO AN EXTENT OF 27 GUNTAS AND SY.NO.178/2 TO AN EXTENT OF 2 ACRE OF INDALVADI VILLAGE, KASAB HOBLI, ANEKAL TALUK VIDE ANNEXURE – C (OR) AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE C M JOSHI
ORAL ORDER
Heard learned counsel on both sides.
2.
Learned counsel for the petitioner has filed a memo dated 02.05.2025, which reads as follows:-
- 3 -
NC: 2025:KHC:18301 WP No. 9266 of 2024
MEMO
"1. The petitioner had filed above writ petition seeking relief of redrawing the award dated: 30/12/2023 which was passed by the KHB Respondent with a delay of 9 year 9 months, for the petitioner land in Sy No: 172/3 to an extent of 27 guntas, and Sy No 178/2 to an extent of 2 acre of Indalvadi Village, Kasab Hobli, Anekal Taluk which was acquired vide Notification KE/47/BHU Sva Bang/2015 dated 12-03-2015 under Sec.6(1) of the Land Acquisition Act 1894. 2. The KHB Respondent as per Government Approval had a sent a letter dated:6/11/2021 to petitioner stating that compensation will be paid in the form of developed land in the ration of 50:50. This option was denied by us earlier due to inadvertence of seeking more money. In this regard we had filed the above writ petition and the Respondent KHB had referred the matter to 1st Additional District & Session Judge Bangalore Rural District vide LAC/MISC/72/2024 & LAC/MISC/74/2024 and the same is for adjudication. 3. But after advice of elders, well-wishers and with KHB respondent we came to conclusion to receive compensation in the form of developed land in the ratio of 50:50. Wherefore through this memo the petitioner prays the Hon'ble Court to direct the Respondent KHB to give compensation for the petitioner land in Sy No: 172/3 to an extent of 27 guntas, and Sy No 178/2 to an extent of 2 acre of Indalvadi Village, Kasab Hobli, Anekal Taluk, which was acquired vide Notification KE/47/BHU Sva Bang/2015 dated 12-03-2015 under Sec.6(1) of the Land Acquisition Act 1894, in the form of developed land in the ratio of 50:50 and also direct the Hon'ble 1st Additional District & Session Court to dispose the reference matter and return the money deposited to the KHB respondent, in the interest of justice and equity". - 4 -
NC: 2025:KHC:18301 WP No. 9266 of 2024
3. Sri Kiran Kumar, learned High Court Government Pleader for respondent No.1 and Sri H.L.Pradeep Kumar, learned counsel appearing for the respondents No.2 and 3 submits that they have no objection to dispose of the writ petition in accordance with the said memo and they would comply with the same. 4.
In the light of the above submissions, the writ petition is disposed of in terms of the last paragraph of the memo dated 02.05.2025, which is reproduced supra. Accordingly, the writ petition stands disposed of. Sd/- (C M JOSHI) JUDGE
PSJ List No.: 1 Sl No.: 144