SMT GAYETHRIDEVI M S v. SPECIAL LAND ACQUISITION OFFICER
WP/9264/2025 · 2025-04-21
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22022 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22022 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16302 WP No. 9264 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 9264 OF 2025 (LA-KIADB) BETWEEN:
SMT. GAYETHRIDEVI M. S., D/O. LATE M.C. SINGAIAH, W/O. THIMMEGOWDA R., AGED ABOUT 55 YEARS, RESIDING AT RANGANATHSWAMY NILAY, 2ND CROSS, OPP. RAMA MANDIRA TEMPLE, CHIKKABIDARUKALLU VILLAGE, NAGASANDRA POST, BANGALORE-560 073. …PETITIONER (BY SRI. OMKARA MURTHY G., ADVOCATE) AND:
1.
SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, ARAVINDA BHAVANA, BANGALORE-560 001.
2.
SRI. M.S.MOHANA GOWDA, S/O LATE M.C. SINGAIAH, AGED ABOUT 60 YEARS, RESIDING AT NO. 320/58, 6TH CROSS, ULLAL MAIN, MUNESHWARANAGARA, BANGALORE -560 056.
3.
SRI. M. S. LAKSHMANA GOWDA, S/O LATE M.C.SINGAIAH, AGED ABOUT 58 YEARS Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16302 WP No. 9264 of 2025 RESIDING AT MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562 123. …RESPONDENTS (BY SRI. H.N. VASUDEVAN, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT DIRECTING THE R-1 TO CONSIDER THE OBJECTIONS DATED 21.01.2023 AND 15.01.2023 PRODUCED AT ANNX-F AND G AND NOT TO DISBURSE THE COMPENSATION AMOUNT TO THE R-2 AND 3.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER
Learned counsel for the 1st respondent/KIADB has filed a memo showing the details of the lands where claim is also made by the petitioner and submits that in respect of Sy.No.9/1 of Gedlahalli Village, measuring 1 acre 7 guntas the compensation amount has been deposited before the learned Principal Senior Civil Judge, Nelamangala in LAC No.4/2025 on
31.07.2024. In respect of the other lands where claim is also raised by the petitioner, it is stated that the compensation amount has not been deposited.
2. In the considered opinion of this Court when objection is raised by the petitioner regarding claim in respect of the compensation amount, the 1st respondent - SLAO is
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NC: 2025:KHC:16302 WP No. 9264 of 2025 required to refer the matter for adjudication before the reference Court.
3. Having regard to the dispute brought before this Court and the fact that the SLAO has deposited the compensation amount only in respect of one petition schedule property and no reference has been made for apportionment to the reference Court, the SLAO is required to comply with the provisions of the Land Acquisition Act regarding apportionment.
4. Accordingly, the writ petition stands disposed of with a direction to the 1st respondent to consider the objections raised by the petitioner and refer the matter for apportionment to the reference Court to decide the title of the property and the share of the petitioner.
5. The reference shall be made as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of copy of this order.
Ordered accordingly. Sd/- (R DEVDAS) JUDGE AP List No.: 1 Sl No.: 16