Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46329 WP No. 15198 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.15198 OF 2024 (LA-RES)
BETWEEN:
SMT. B.K. SUSHEELA AGED ABOUT 76 YEARS, W/O LATE M.V. RAMAPPA HEGDE, MUDUBA KEREKATTE, SRINGERI, CHIKKAMAGALURU DISTRICT-577139. …PETITIONER
(BY SRI NATARAJA BALLAL A. & SRI GAURAV GANAPATHY C.G, ADVOCATES)
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU-560001
REP. BY ITS SECRETARY.
2.
PRINCIPAL CHIEF CONSERVATOR OF
FOREST (WILD LIFE), ARANYA BHAVAN, MALLESHWARAM, 18TH CROSS,
BENGALURU-560003.
3.
DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577139.
4.
DEPUTY CONSERVATOR OF FOREST KUDREMUKHA WILDLIFE DIVISION, OFFICE AT OPP. T.M.A. PAI HOSPITAL,
KARKALA TALUK, UDUPI-574104. …RESPONDENTS
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:46329 WP No. 15198 of 2024
(BY SRI HARISHA A.S., AGA FOR R-1 TO R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE COMPENSATION FOR THE LAND ACQUIRED ALONG WITH 18% P.A. INTEREST FROM THE DATE OF THE COMPENSATION FALLING DUE TILL REALIZATION; (ANNEXURE- H) DATED 29.01.2024 AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioner has approached this Court seeking a writ of mandamus directing the respondents to pay the compensation for the land acquired for the formation of Kudremukh National Park, along with 18% interest from the date on which the compensation became due until realization.
2. Heard learned counsel for the petitioner and the learned AGA for the respondents.
3. The grievance of the petitioner is that though her land has been taken over for formation of ‘Kudremukh
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HC-KAR NC: 2025:KHC:46329 WP No. 15198 of 2024
National Park’, compensation has not been disbursed to her to date.
4. Per contra, learned AGA submits that the petitioner had voluntarily handed over possession of the land to ‘Kudremukh National Park’, that the RTC still stands in the name of the petitioner and has not been mutated in favour of the State Government and that the land is not under the use of the State. Therefore, it is contended that the question of payment of compensation does not arise.
5. Learned counsel for the petitioner, however, draws the attention of this Court to the communication dated 05.09.2024 issued by respondent No.4 wherein it is stated that the petitioner’s claim regarding compensation is pending before the committee, and the compensation will be determined and fixed after submission of the report.
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HC-KAR NC: 2025:KHC:46329 WP No. 15198 of 2024
6. The learned AGA fairly submits that if such a communication has been indeed addressed by respondent No.4, the petitioner’s claim for compensation disbursal would be considered in accordance with law.
7. Recording the said submission, this Court proceeds to pass the following :
ORDER (i) The Writ Petition is disposed of. (ii) Respondent No.3 is directed to consider the claim of the petitioner for compensation in light of the letter dated 05.09.2024 and thereafter determine disbursal of the compensation to the petitioner, in accordance with law as expeditiously as possible within an outer limit of four months from the date of receipt of the certified copy of this order.
Sd/- ______________________ JUSTICE K.S. HEMALEKHA
CKL/List No.: 1 Sl No.: 29