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2025 DAILYLAW 34504 (KAR)

SUNANDAMMA v. THE STATE OF KARNATAKA

WP/30196/2024 · 2025-01-16

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:1619 WP No. 30196 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 30196 OF 2024 (LA-RES) BETWEEN: SUNANDAMMA W/O LATE ESWARAPPA, AGED ABOUT 57 YEARS, R/O CHIKKONAHALLIPURA VILLAGE, BINDIGENAVILE HOBLI, NAGAMANGALA-TALUKA-571432, MANDYA-DISTRICT …PETITIONER (BY SRI. SIDDARAJU M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT. BY CHIEF SECRETARY, REVENUE DEPARTMENT (LAND ACQUISITION NO.1 AND 3) VIKAS SOUDHA, BENGALURU-01 2. THE DEPUTY COMMISSIONER, MANDYA-DISTRICT, MANDYA-571401 3. THE ASSISTANT COMMISSIONER, PANADAVAPURA-SUB-DIVISION, PANADAVAPURA-571434 4. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION) SOUTH-WESTERN RAILWAY, CANTONMENT, BENGALURU-560056 Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1619 WP No. 30196 of 2024 5. THE SPECIAL LAND ACQUISITION OFFICER, MANDYA, MANDYA-DISTRICT-571401 6. THE DEPUTY CHIEF ENGINEER, SOUTH RAILWAY WORK BENGALURU-560056 …RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO THE RESPONDENTS TO MODIFY AND ENHANCE THE COMPENSATION AMOUNT OF RS.5,625/- PER GUNTA TO RS.80,000/- PER GUNTA TO THE PETITIONER LAND BEARING SY.NO.70/2 MEASURING 0-36G SITUATED AT CHIKKONAHALLIPURA VILLAGE, NAGAMANGALA TALUK, MANDYA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petition is before this Court seeking for a writ of mandamus to direct the respondents - authorities to modify the compensation taking into consideration the award that was passed in LAC No.89/2018 on the file of the II Additional District and Sessions Judge, Mandya, in terms of which, according to the learned counsel for the petitioner the - 3 - NC: 2025:KHC:1619 WP No. 30196 of 2024 compensation in respect of land situated adjoining to the land of the petitioner has been awarded at a higher rate. 2. Petition is thus one seeking enhancement of compensation. On a query by this Court regarding maintainability of this petition seeking enhancement of compensation, learned counsel for the petitioner submitted that the petitioner be reserved with liberty to seek appropriate remedy in accordance with law seeking enhancement of compensation as provided under the Land Acquisition Act, 1894. 3. The submission is taken on record. 4. The petition is disposed of reserving liberty to the petitioner to seek appropriate remedy in accordance with law seeking enhancement of compensation as provided under law. Sd/- (M.G.S. KAMAL) JUDGE PMR List No.: 1 Sl No.: 14