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2025 DAILYLAW 35991 (KAR)

SMT. MALATHI S. SHETTY v. SPECIAL LAND ACQUISITION OFFICER

WP/33126/2024 · 2025-01-22

M G S Kamal

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Judgment text

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- 1 - NC: 2025:KHC:2664 WP No. 33126 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 33126 OF 2024 (LA-RES) BETWEEN: SMT. MALATHI S. SHETTY W/O SRI M B SHIVARAMA SHETTY, AGED ABOUT 74 YEARS, R/O NO. 303, HOYSALA SAI SHELTERS, 23/1, 'D' RAJAGOPAL ROAD SANJAYNAGAR R.M.V. EXTENSION II STAGE BANGALORE - 560 094. …PETITIONER (BY SRI. SRINATH A.R.,ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NHAI, KUNIGAL, NH 207, DABASPET HOSKOTE SECTION SITE OFF:AT NELAMANGALA BANGALORE - 562 110. 2. DEPUTY COMMISSIONER AND ARBITRATOR PODIUM BLOCK, V.V.TOWER, DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560 001. 3. PROJECTOR DIRECTOR AND GENERAL MANAGER (TECH) NHAI 14TH KM, NAGASANDRA Digitally signed by ROOPA R U Location: High Court of Karnataka - 2 - NC: 2025:KHC:2664 WP No. 33126 of 2024 TUMKUR BENGALURU ROAD BANGALORE - 560 073. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DIRECT OR ORDER IN THE FOLLOWING MANNER TO ORDER R-1 TO REASSESS THE PROPERTY VALUE OF PETITIONER SITE NO. 240 AND 241 MEASURING TOTAL AREA OF 5447.75 SQ.FEET THE CONVERTED PROPERTY LAYOUT FORMED IN SY NO. 12/1, 11/2, 16, 17, 14/1 AND 14/2 SITUATED AT SOUTHEGOWDANAHALLI VILLAGE, 4TH DIVISION, DEVENAHALLI TOWN, BANGALORE RURAL DISTRICT AND TO PROVIDE THE ENHANCED COMPENSATION BY CONSIDERING THE REPRESENTATION/OBJECTIONS OF THE PETITIONER AT ANNEXURE-B, J AND L DTD 13.03.2012, 16.03.2016 AND 19.11.2018 AS PER THE APPROPRIATE VALUE OF PROPERTY AT MARKET RATE CONDITION AND PROPERTY CONDITION AND ETC. 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 Learned counsel for the petitioner after arguing the matter for some time seeks to withdraw the petition to pursue the remedy seeking enhancement of compensation as per provisions of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and under Section 3-H(4) of the National Highways Act, 1956. - 3 - NC: 2025:KHC:2664 WP No. 33126 of 2024 2. Submission is taken on record. 3. In view of the above submission, writ petition is disposed of with liberty as sought for. 4. It is made clear that the application shall be filed within a period of 30 days from the date of receipt of certified copy of this order. Time consumed in filing and prosecuting this petition be exempted. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 23