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2025 DAILYLAW 56345 (KAR)

SMT. PRIYADARSHINI v. STATE OF KARNATAKA

WP/25383/2023 · 2025-09-08

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35457 WP No. 25383 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25383 OF 2023 (LA-BDA) BETWEEN: SMT. PRIYADARSHINI W/O SRI M.KRISHNAPPA AGED ABOUT 59 YEARS R/AT H.NO.2938/E (2937/E) M.C.ROAD, VIJAYANAGAR I STAGE BENGALURU – 560 040. …PETITIONER (BY SRI ARVIND PATIL B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY REVENUE DEPARTMENT REPRESENTED BY THE HIGH COURT GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BUILDING BENGALURU – 560 001. 2. PUBLIC WORKS DEPARTMENT HAVING ITS OFFICE AT: PWD ANNEXE BUILDING NO.1, SESHADRI ROAD K.R.CIRCLE, SJP CAMPUS AMBEDKAR VEEDHI BENGALURU – 560 001 REPRESENTED BY THE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35457 WP No. 25383 of 2023 HIGH COURT GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BUILDING BENGALURU – 560 001. 3. THE DEPUTY COMMISSIONER BENGALURU DISTRICT, KANDAYA BHAVANA K.G.ROAD BENGALURU – 560 009. 4. SPECIAL LAND ACQUISITION OFFICER VISVESVARAYA TOWERS BENGALURU – 560 001. …RESPONDENTS (BY SRI SPOORTHY HEGDE N., HCGP FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND 2 TO AWARD COMPENSATION FOR ACQUIRING 1 ACRE 9 GUNTAS IN THE LAND BELONGING TO THE PETITIONER IN THE ABOVE MENTIONED ACQUISITION PROCEEDINGS UNDER THE PREVAILING RULES OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (KARNATAKA AMENDMENT) ACT, 2013 AS PER PRIMARY AND FINAL NOTIFICATION DATED 01.12.2003 AND 25.09.2004 VIDE ANNEXURE-D AND D1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35457 WP No. 25383 of 2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a) Direct the Respondents 1 & 2 to Award compensation for acquiring 1 Acre 9 Guntas in the Land belonging to the Petitioner in the above mentioned acquisition proceedings under the prevailing Rules of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Karnataka Amendment) Act, 2013, as per preliminary and final Notification dated 1-12-2003 and 25.9.2004 vide Annexure D and D1 (b) Direct the Respondents to consider the Representation dated 16.10.2023 (Annexure-F) filed by the Petitioner. (c) In the alternative, Award compensation in the form of Transferable Development Rights (TDR) in accordance with the Karnataka Town & Country Planning Act. (d) Grant such other relief or reliefs as this Hon'ble Court deems it fit in the facts and circumstances of the above case, in the ends of justice.” 2. Heard Sri Arvind Patil B., learned counsel for petitioner and Sri Spoorthy Hegde N., learned High Court Government Pleader for respondent No.1. - 4 - HC-KAR NC: 2025:KHC:35457 WP No. 25383 of 2023 3. Learned counsel for the petitioner would restrict his claim to the second prayer, which seeks a direction to consider the representation submitted on 16.10.2023. 4. The property of the petitioner is said to be acquired for the purpose of formation of 4 lane or road widening of Bengaluru – Mysuru Highway, without paying any compensation is the representation that the petitioner has submitted on 16.10.2023. 5. Learned High Court Government Pleader submits that the representation of the petitioner dated 16.10.2023, would be considered if reasonable time is granted by this Court. 6. In the light of the aforesaid submissions, the respondents are directed to consider the representation dated 16.10.2023, submitted by the petitioner within an outer limit of twelve weeks from the date of receipt of a copy of the order. It is needless to observe that if the petitioner is entitled to the compensation, the petitioner shall not be driven back to this Court as the lands belonging to the petitioner are said to be - 5 - HC-KAR NC: 2025:KHC:35457 WP No. 25383 of 2023 acquired. The respondents are at liberty to solicit any documents from the hands of the petitioner. 7. With the aforesaid direction, the writ petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 96