Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 37261 (KAR)

SRI RAMACHANDRA N v. THE SPECIAL LAND ACQUISITION OFFICER

WP/35974/2024 · 2025-01-09

M G S Kamal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:745 WP No. 35974 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35974 OF 2024 (LA-RES) BETWEEN: SRI. RAMACHANDRA N, S/O NARAYANAPPA, AGED ABOUT 58 YEARS R/AT SY NO. 37/4, VAKIL LAYOUT ROAD, THIRUMAGONDANAHALLI VILLAGE, NERALURU POST, ANEKAL TALUK, BENGALURU - 562 107. …PETITIONER (BY SRI. SANJAY KUMAR A, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NHAI, NATIONAL HIGHWAY-844, NO.687/3, NEERABHAVI KEMPANNA LAYOUT, HEBBAL, BANGALORE - 560 024. 2. THE PROJECT DIRECTOR AND DEPUTY GENERAL MANAGER (TECH), N.H.A.I., P.I.U., NATIONAL HIGHWAY 844, NEAR KAKC PETROL BUNK, NO.259/1, SALEM MAIN ROAD, KRISHNAGIRI, TAMIL NADU - 635 001. 3. THE SPECIAL DEPUTY COMMISSIONER -3 BANGALORE URBAN DISTRICT, DISTRICT REGISTRAR OFFICE, Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:745 WP No. 35974 of 2024 AMBEDKAR VEEDHI, SAMPANGI RAM NAGARA, BENGALURU - 560 009. …RESPONDENTS (BY SMT. SHILPA SHAH, ADVOCATE FOR R1 AND R2; SRI. SPOORTHY HEGDE N, HCGP FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT TO THE RESPONDENTS TO CONSIDER REPRESENTATION DATED 07.10.2023, 08.10.2024 AND 19.10.2024 AND CONDUCT RESURVEY AND DRAW UP NEW VALUATION REPORT (PRODUCED AS ANNX-A, A1, A2 AND A3) AND ETC., 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 The petitioner is before this Court, seeking the following reliefs: "I. Issue a writ or a direction in the nature of mandamus to the respondents to consider representation dated 07.10.2023, 08.10.2024 and 19.10.2024 and conduct resurvey and draw up new valuation report (produced as Annexure A, A1, A2 and A3). II. Consequently, direct the Respondent No.1 to pass additional award granting additional/further - 3 - NC: 2025:KHC:745 WP No. 35974 of 2024 compensation based on the new survey and valuation report. III. issue such other order or direction as this Hon'ble Court deems fit, in the facts and circumstances of the case, in the interest of justice and equity." 2. The case of the petitioner is that he is the owner of the land in Sy.No.85 measuring 2.5 guntas consisting of 11 residential 1BHK houses with all amenities situated at Thirumagondanahalli Village, Neralur Post, Attibele Hobli, Anekal Taluk, Bangalore, which is required by the respondent. 3. Learned counsel for the petitioner submits that the only grievance the petitioner has is with regard to re-assessment of the valuation of the structures that were existing in the acquired land. Therefore, he made representations dated 07.10.2023, 08.10.2024 and 19.10.2024 as per Annexures-A, A1, A2 and A3. Since the same have not been considered, the petitioner is before this Court. 4. Learned counsel for the respondent-Authority submits that the petitioner has already approached the Arbitrator seeking enhancement of compensation. However, - 4 - NC: 2025:KHC:745 WP No. 35974 of 2024 she submits that the representations seeking re-assessment would be considered, if given some time. 5. The said submission is taken on record. 6. The petition is disposed of directing the respondent- Authority to consider the representations dated 07.10.2023, 08.10.2024 and 19.10.2024 as per Annexures-A, A1, A2 and A3, within an outer limit of four weeks from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE SJK List No.: 1 Sl No.: 18 CT: BHK