- 1 - NC: 2025:KHC:7932 WP No. 26972 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26972 OF 2024 (LA-KIADB) BETWEEN: NARASIMHAPPA, S/O LATE NARAYANAPPA, AGED ABOUT 59 YEARS, R/AT TALAGAVARA VILLAGE, KAIVARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DIST-563 128. …PETITIONER (BY SRI. PRASANNA D P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS REVENUE SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE SPECIAL LAND ACQUISITION OFFICER -2 KIADB, 4TH FLOOR, SHANTI GRUHA, PALACE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. GOPAL V BILALMANE., ADV FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATIONS DTD. 27.08.2024 MADE BY THE PETITIONER, AS PER ANNX-D EXPEDITIOUSLY AS POSSIBLE. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7932 WP No. 26972 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Case of the petitioner is that he was granted an extent of 1 acre 30 guntas of land forming part of larger extent of land in Sy.No.40 situated in Malkapura Village, Kaivara Hobli, Chintamani Taluk, Chikkaballapur District, in terms of grant order dated 26.07.2002. 2. It is further case of the petitioner that the aforesaid land was acquired by the respondent-authority for the purpose of formation of industrial area. However, the petitioner has been paid the compensation only in respect of 1 acre 28 guntas of land and compensation for remaining 2 guntas of land has not been granted. Therefore, he submits that since the respondent-authorities have not acquired the said 2 guntas of land which shall either be returned or in the alternative compensation in that regard, be directed to be paid. 3. In response, learned counsel appearing for the KIADB submit that even according to the notification, only an extent of 1 acre 28 guntas was acquired. He submits that the actual extent of land which is existing in the name of the - 3 - NC: 2025:KHC:7932 WP No. 26972 of 2024 petitioner is only 1 acre 28 guntas and not 1 acre 30 guntas as claimed. Therefore, he submits that there is no question of paying the compensation to the extent of land, which does not belong to the petitioner. 4. Learned HCGP on the other hand submits that since the land being claimed by the petitioner forms part of larger extent of land, the extent of Kharab land has to be excluded and distributed amongst the grantees. He submits perhaps while doing so, 2 guntas of Kharab land must have been added to the extent mentioned in the certificate. He however submits that if the petitioner was in actual of possession of 1 acre 30 guntas, same would be considered, if not the petitioner would not be entitled for any compensation. He submits that a fresh representation can be made by the petitioner giving exact extent and measurement of land in his possession and same will be considered in accordance with law and if petitioner found to be in possession of entire extent of 1 acre 30 guntas, request of payment of compensation in respect of remaining 2 guntas will also be considered. 5. Submission is taken on record. - 4 - NC: 2025:KHC:7932 WP No. 26972 of 2024 6. Accordingly, the writ petition is disposed of, reserving liberty to petitioner to file a fresh representation, giving particulars of actual extent of land in his possession, within a period of 30 days from the date of receipt of certified copy of this order. Upon such representation being made, respondent-authorities shall examine by survey/measuring the extent of land actually in possession of the petitioner. If the petitioner is found to be in possession of entire extent of 1 acre 30 guntas of land the respondent-authorities shall consider paying the compensation for remaining extent of 2 guntas as well. Sd/- (M.G.S. KAMAL) JUDGE AMA List No.: 1 Sl No.: 23