- 1 - NC: 2025:KHC:7305 WP No. 15362 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 15362 OF 2022 (LA-RES) BETWEEN: SRI B LINGEGOWDA S/O B L BASAVE GOWDA AGED ABOUT 74 YEARS R/AT BUDIGUPPE VILLAGE OPP GOVT., FIRST GRADE COLLEGE KANAKAPURA TALUK-562 117 RAMANAGARA DISTRICT. …PETITIONER (BY SRI. PRAKASH M H.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE-I M S BUILDING BENGALURU-560 001. 2. THE DIRECTOR MUNICIPAL ADMINISTRATION BENGALURU-560 001. 3. THE COMMISSIONER DEPARTMENT OF COLLEGIATE EDUCATION BENGALURU-560 001. 4. THE DEPUTY DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION BANGALORE-560 001. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7305 WP No. 15362 of 2022 5. THE DEPUTY COMMISSIONER RAMANAGARA-562159. 6. THE TOWN MUNICIPAL COUNCIL KANAKAPURA-562 117 RAMANAGARA DISTRICT. 7. THE SPECIAL LAND ACQUISITON OFFICER RAMANAGARA-562 159. 8. THE PRINCIPAL GOVERNMENT FIRST GRADE COLLEGE KANAKAPURA-562 117 RAMANAGARA DISTRICT. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R5, R7 AND R8, R6 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TOT HE R-2, 3, 4, 5, 6 TO COMPENSATE THE PETITIONER IN ACCORDANCE WITH THE RIGHT OF FAIR COMPENSATION IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013 FORTHWITH, VIDE ANNEXURE-J IN RESPECT OF THE LAND WHICH IS UTILIZED FOR THE FORMATION OF THE ROAD ACROSS THE AND BELONGS TO THE PETITIONER VIDE ANNEXURE-A, B, C, WITH ALL CONSEQUENTIAL BENEFITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:7305 WP No. 15362 of 2022 ORAL ORDER Petitioner claiming to be the erstwhile owners of land measuring 41 guntas forming part of Sy.No.493/ 1, 495/1 and 496/2 situated within the Kanakapura Municipal Limits, Ramanagara District is before this Court seeking following reliefs: ''a). Issue a writ in the nature of mandamus to the respondents No. 2, 3, 4, 5 and 6 to compensate the petitioner in accordance with the Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement Act, 2013, forthwith, vide Annexure-J in respect of the land which is utilized for the formation of the road across the land belongs to the petitioner vide Annexures-A, B & C with all consequential benefits. b) Pass such other order that this Hon'ble Court deems fit in the interest of justice and equity.'' 2. That the said lands are situated abutting the National Highway-209. That there is a land in Sy.No.371, belonging to the respondent-State which has been given to the respondent No.3 for the purpose of construction of a building for First Grade College. That the petitioner was approached by the respondent-Authorities and the local elected representatives requesting him to give a portion of his land for the purpose of providing connectivity to the said College being constructed on - 4 - NC: 2025:KHC:7305 WP No. 15362 of 2022 the said land in Sy.No.371 belonging to the respondent-State directly from the said National Highway-209. Upon such persuasion and for the cause shown, petitioner agreed to give portion of his lands. Accordingly, that an extent of 15 guntas of land forming part of the aforesaid survey numbers belonging to the petitioner has been utilised by the respondent-authorities for the purpose of formation of connectivity. 3. Learned counsel for the petitioner refers to a Communication issued by the Special Land Acquisition Officer to the Principal of the First Grade College-respondent No.8, wherein at page No.2 of the said documents the Special Land Acquisition Officer has referred to an extent of land belonging to the petitioner that has been acquired and has also recommended for deposit of 10% of the acquisition cost. Things stood thus, learned counsel for the petitioner submits that nothing has moved thereafter. No compensation is determined. No award is passed. Constraining the petitioner to approach this Court. 4. Learned AGA submits that the award could not be passed determining the compensation, in view of the pendency - 5 - NC: 2025:KHC:7305 WP No. 15362 of 2022 of dispute between the petitioner and his family members. However, she submits notwithstanding such a dispute, given sometime in this regard award will be passed taking into consideration the extent of land acquired in terms of the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 5. In view of the above, following: ORDER (i). Writ petition is disposed of directing the respondent No.7-Special Land Acquisition Officer to undertake the process of determining the compensation payable in respect of the land in Sy.No.493/ 1, 495/1 and 496/2 to the extent as shown in the aforesaid Communication produced at Annexure-J to the writ petition. (ii). The respondent No.7-Special Land Acquisition Officer shall comply with the requirement of law, including issuance of - 6 - NC: 2025:KHC:7305 WP No. 15362 of 2022 notice to the petitioner and any other person interested in the matter before proceeding to pass the award and shall pass such award after affording opportunity to the petitioner/ any other person interested strictly in accordance with law within an outer limit of 12 weeks from the date of receipt of certified copy of this order. (iii). Petitioner is at liberty to submit any additional representation/documents, if need be. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 9