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2025 DAILYLAW 33963 (KAR)

SRI HANUME GOWDA v. THE SPECIAL LAND ACQUISITION OFFICER

WP/27604/2024 · 2025-06-25

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22219 WP No. 27604 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27604 OF 2024 (LA-RES) BETWEEN: SRI HANUME GOWDA S/O LATE HANUMANTHAIAH AGED ABOUT 56 YEARS RESIDING AT YENNEGERE VILLAGE SOLUR HOBLI, MAGADI TALUK BENGALURU RURAL DISTRICT BENGALURU – 562 127. …PETITIONER (BY SRI RAGHAVENDRA KATTIMANI, ADVOCATE FOR SMT. CHITHRALEKHA H. R., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER V.V.TOWER, 3RD FLOOR DR. B.R.AMBEDKAR VEEDHI BENGALURU – 560 001. 2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTIONS) SOUTHERN RAILWAYS, NO, 18 MILLER ROAD, BENGALURU – 560 046. …RESPONDENTS (BY SRI SESHU V., HCGP FOR R1; SRI GOWTHAMDEV C.ULLAL, ADVOCATE FOR R2) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22219 WP No. 27604 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO REFER THE CASE OF THE PETITIONER BEFORE SENIOR CIVIL JUDGE AND CJM, AT MAGADI, AND BENGALURU RURUAL DISTRICT FOR THE RE-DETERMINATION OF THE AMOUNT OF COMPENSATION AS PER THE PROVISIONS OF SECTION 18 TO 28 THE ACQUISITION ACT OF 1894. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “i. Direct the respondent to refer the case of the petitioner before Senior Civil Judge and CJM, at Magadi, and Bengaluru Rural District for the re-determination of the amount of compensation as per the provisions of section 18 to 28 the acquisition act of 1894, in the interest of justice and equity. ii. Award cost of the proceedings and any other or further orders as this Hon’ble Court may deem fit under the facts and circumstances of the case, in the interest of Justice and equity.” 2. Heard Sri Raghavendra Kattimani, learned counsel for petitioner, Sri Seshu V., learned High Court Government Pleader for respondent No.1 and Sri Gowthamdev C. Ullal, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:22219 WP No. 27604 of 2024 3. Facts in brief, germane, are as follows: The lands of the petitioner become a subject matter of acquisition for the purpose of laying a railway track. The petition is preferred on the score that the compensation fixed by the Special Land Acquisition Officer is too meagre, as in the case of the adjacent lands belonging to Nelamangala Taluk, the compensation is little higher. 4. Learned counsel for the petitioner submits that if the representation of the petitioner appended to the petition is considered in the light of the lands at Nelamangala Taluk, which are being considered on the higher compensation, it would suffice. 5. Learned High Court Government Pleader submits that the petitioner has submitted a representation qua the land of the petitioner, which does not come within Nellamangala Taluk, but come within Magadi Taluk. He would now submit that the Special Land Acquisition Officer is now drawing up compensation to be granted to all persons, whose lands were acquired, which come under Magadi Taluk. If the petitioner - 4 - HC-KAR NC: 2025:KHC:22219 WP No. 27604 of 2024 submits a fresh representation, it would be answered and orders would be passed in accordance with law within six weeks from the date of submission of the representation. 6. Learned counsel for the petitioner submits that it is only adjacent and the claim for compensation can be determined as the land belonging to Nelamangala Taluk. The said submission does not merit any consideration at this juncture. The petitioner shall submit a fresh representation seeking adequate compensation to the Special Land Acquisition Officer, qua the land of the petitioner's, which admittedly come under Magadi Taluk. 7. With the aforesaid observations and directions, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 3 Sl No.: 18