PILLAPPA @ TAMAIAH v. KARNATAKA SLUM DEVELOPMENT BOARD
WP/16639/2021 · 2025-01-06
Jyoti Mulimani
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 26954 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26954 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:49 WP No. 16639 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 16639 OF 2021 (GM-SLUM) BETWEEN:
PILLAPPA @ TAMAIAH S/O LATE PERIYANNA @ ABBAIYYA, AGED ABOUT 89 YEARS, R/AT NAYANDAHALLI, KENGERI HOBLI, BANGALORE SOUTH, BANGALORE-560 060. …PETITIONER (BY SRI. KESHAVA BHAT.A., ADVOCATE [ABSENT])
AND:
1. KARNATAKA SLUM DEVELOPMENT BOARD, NO 55, RISLDAR ROAD, SHESHADRIPURAM, BANGLORE-560 020. REPRESENTED BY ITS COMMISSIONER. 2. THE UNDER SECRETARY - 2 HOUSING DEPARTMENT, M.S.BUILING, AMBEDAR VEEDI, BANGALORE-560 001. 3. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR BHEEDI, BANGALORE-560 001. …RESPONDENTS (BY SMT. M.C.AMRUTHA VARSHINI., ADVOCATE FOR R1;
SRI. M.SRINIVAS KUMAR., ADVOCATE FOR R2 & 3)
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
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NC: 2025:KHC:49 WP No. 16639 of 2021
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER When the case is called, the petitioner is not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. Smt.M.C.Amrutha Varshini., counsel for respondent No.1 and Sri.M.Srinivas Kumar., HCGP for respondents 2 and 3 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue a Writ of Certiorari, or any other appropriate writ or direction setting aside the impugned notification made there in No.Va E 09 Ko ME 2019 dated 07.06.2019 issued by respondent No.2 proposing to acquire Sy.No.43/2 measuring 1.21 Acres of Nayandanahalli (Annexure-A) and also to set-aside the endorsement issued by respondent
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NC: 2025:KHC:49 WP No. 16639 of 2021
No.1 dated 11.01.2018 in No.Ka Ko Aa Ma / Kum- 01/R-01/15/2002-02/980 (Annexure-E). (b) Issue a Writ of Mandamus directing the Respondents to pay the compensation with Solatium to the petitioner as provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for utilizing the land of the petitioner in Sy.No.43/2 measuring 1.21 Acres situated at Nayandanahalli, Kengeri Hobli, Bangalore South Taluk, as described in the schedule.
(c) Direct the Respondents to pay interest on the calculated entire compensation amount at 18% from the date of taking possession of the land till the date of payment and (d) Grant such other reliefs as deems fit in the above said facts and circumstances in the interest of justice and equity. 3. Counsel Smt.M.C.Amrutha Varshini., submits that a detailed statement of objection is filed and the same may be
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NC: 2025:KHC:49 WP No. 16639 of 2021
taken note of. She argued by saying that pursuant to the Preliminary Notification, a Final Notification at Annexure-R3 is issued. Counsel therefore, submits that an appropriate order may be passed. 4. Heard the arguments and perused the Writ papers with care. 5. Suffice it to note that pursuant to the Preliminary Notification dated 07.06.2019, a Final Notification has been issued on 13.08.2021 vide Annexure-R3. Hence, the reliefs sought by the petitioner cannot be considered at this juncture. The Writ Petition is devoid of merits and is liable to be dismissed. 6. Accordingly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 5