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2025 DAILYLAW 39050 (KAR)

SRI N SWAMIGOWDA v. THE SPECIAL LAND ACQUISITION OFFICER

CRP/90/2019 · 2025-10-28

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42963 CRP No. 90 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 90 OF 2019 (LAC) BETWEEN: 1. SRI N SWAMIGOWDA S/O LATE NANJEGOWDA, R/AT K.R.SAGARA SRIRANGAPATNA TALUK, MANDYA DISTRICT. …PETITIONER (BY SRI. B S NAGARAJ.,ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MYSURU. …RESPONDENT (BY SRI. ASHOK N NAYAK., ADVOCATE) THIS CRP IS FILED U/S.115 OF CPC AGAINST THE ORDER DATED 08.02.2018 PASSED IN LAC (MIS) 11/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC SRIRANGAPATNA DISMISSING THE PETITION FILED BY THE PETITIONER U/SEC.18(3) OF LAND ACQUISITION ACT FOR DIRECTION. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42963 CRP No. 90 of 2019 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. B.S. Nagaraj, learned counsel for the petitioner and Sri. A.S. Mahesh, learned counsel for the respondents. 2. Revision petitioner is the claimant who lost his land to the extent of 4-00 acres in Sy.No.101 by virtue of Mogarahalli Village, Belagola Hobli, Srirangapattana, for the purpose of allotting the land to Karnataka Industrial Area Development Board. 3. The acquisition proceedings and determination of the compensation is by consent award. Exhibit P1 is the Compensation determination by consent and the amount that was required to be paid to the claimant was paid. 4. The claimant contends that though award says 4-00 acres of land is acquired, compensation is paid only - 3 - HC-KAR NC: 2025:KHC:42963 CRP No. 90 of 2019 to the extent of 2-00 acres. Therefore, for the remaining land, he had approached the Reference Court under Section 18 of the Land Acquisition Act. Said reference came to be dismissed on the ground that the award is a consent award in LAC (Misc.) 11/2011 by Order dated 08.02.2018. Validity of the said order is assailed in the case on hand. 5. Sri. B.S. Nagaraj, learned counsel for the revision petitioner reiterating the grounds urged in the revision petition contented that petitioner would denied the just compensation for the acquired land and therefore he had to approach the Civil Court under Section 18 of the Land Acquisition Act. 6. He further contended that learned Trial Judge has not considered the said aspect of the matter and wrongly dismissed the reference application on the ground that the Award is a consent award resulting in miscarriage of justice and sought for allowing the revision of petition. - 4 - HC-KAR NC: 2025:KHC:42963 CRP No. 90 of 2019 7. Per contra, Sri. A.S. Mahesha, learned counsel for the respondent supports the impugned order by contending that in the respect of the remaining land, claimant had already approached this Court in W.P. No.32416/2011 and by Order dated 13.03.2012, Co- ordinate Bench of this Court, observed that the Authorities are required to consider the payment of compensation in respect of 'A' Kharab land for which the revenue entries were standing in the name of the petitioner. 8. Having heard the arguments of both sides, this COurt is of the considered opinion that in view of pending writ proceedings, it is for the petitioners to work out the remedy with the Authority pursuant to the order passed by the Co-ordinate Bench in WP No.32416/2011. 9. With that liberty this Court does not find any legal infirmity in the impugned Order. - 5 - HC-KAR NC: 2025:KHC:42963 CRP No. 90 of 2019 10. Accordingly, following order: ORDER Revision Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE snc List No.: 1 Sl No.: 6 ct:SG