- 1 - HC-KAR NC: 2025:KHC:47227 WP No. 12983 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 12983 OF 2025 (LA-RES) BETWEEN: 1. LAKSHMANA S/O. LATE. S.ANNAAIAH, AGED ABOUT 58 YEARS, 2. SMT. LAKSHMAMMA W/O. LATE. THUKARAM, AGED ABOUT 50 YEARS, 3. T.RAVIKUMAR S/O. LATE. THUKARAM, AGED ABOUT 38 YEARS, 4. PRATAP T S/O. LATE. THUKARAM, AGED ABOUT 32 YEARS 5. T.ANNAIAH S/O. LATE. THUKARAM, AGED ABOUT 30 YEARS ALL ARE R/AT DOOR NO.L-10, 2ND CROSS, TANK ROAD, SHIVAJI ROAD, N.R.MOHALLA, MYSURU 570 007. …PETITIONERS (BY SRI. N KUMAR.,ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47227 WP No. 12983 of 2025 AND: 1. THE MYSORE URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU- 570 001. REPTD. BY ITS COMMISSIONER 2. THE LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU -570 001. …RESPONDENTS (BY SRI. T.P VIVEKANANDA., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DTD.03.04.2025 IN CASE NO.LAQ(6)CA78/2000-01 PASSED BY R-2 AT ANNX-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:47227 WP No. 12983 of 2025 ORAL ORDER The petitioners have approached this Court seeking to quash the award dated 03.04.2025 (Annexure-F) passed by respondent No.2, whereby the compensation has been awarded only in respect of 23 guntas of land in Survey No.132 of Devanoor Village, Kasaba Hobali, Mysuru Taluk (for short 'the schedule property) by determining a sum of Rs.2,45,567/-, instead of considering the petitioners' claim for 30 guntas of land. 2. The petitioners assertion is that, their family has owned land measuring 30 guntas in Survey No.132, which was acquired by the respondent-MUDA in the year 1975 for the formation of the residential layout without any acquisition proceedings. The petitioners have earlier approached this Court in WP.No.20264/20231, where the MUDA filed objections admitting the 23 guntas had been utilised and sought liberty to determine compensation under the Right to Fair compensation and Transparency in 1 D.D.16.10.2024 - 4 - HC-KAR NC: 2025:KHC:47227 WP No. 12983 of 2025 Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the 2013 Act'). The said writ petition was disposed of directing the petitioners to file a representation before the respondent-MUDA and directed the respondent-MUDA to consider and to determine the compensation strictly in accordance with the 2013 Act. The petitioner thereafter, submitted a detailed representation claiming compensation for the entire 30 guntas of the schedule property contending that the respondent-MUDA had taken the whole extent without acquisition and therefore, present market value with statutory additions under Section 30(3) and the 80 of the 2013 Act ought to be awarded. 3. It is the grievance of the petitioner that respondent No.2 passed the impugned award dated 03.04.2025 (Annexure-F) without issuing notice, without conducting any enquiry, without identifying, marking or measuring the acquired land as required under Section 20 of the 2013 Act and solely on the basis of old sale - 5 - HC-KAR NC: 2025:KHC:47227 WP No. 12983 of 2025 transactions of the year 1988-91. Thus, it is contended that the award violates the principles of natural justice and mandatory provisions prescribed under the 2013 Act. 4. Per contra, learned counsel for the respondents submits that, respondent No.2 has examined the available materials and has rightly concluded that only 23 guntas of land belonging to the petitioner has been utilised for the project, and therefore, the impugned award requires no interference. 5. This Court has carefully considered the rival submissions and perused the material on record. 6. On perusal of the impugned award dated 03.04.2025, it indicates that the Land Acquisition Officer relied exclusively on certain sale transactions of the year 1988-91, without undertaking the statutory process of marking, measurement, identification, enquiry or hearing, all of which are mandatory under the 2013 Act. Consequently, the impugned award cannot be sustained. - 6 - HC-KAR NC: 2025:KHC:47227 WP No. 12983 of 2025 Moreover, for the reason that there is a violation of principles of natural justice. Accordingly, this Court pass the following: ORDER. i. The writ petition is allowed in-part. ii. The impugned award dated 03.04.2025 (Annexure-F) passed by respondent No.2 is hereby set aside. iii. The matter is remitted back to respondent No.2-the Land Acquisition Officer to reconsider the petitioners' claim afresh in accordance with law, strictly following the mandatory provisions of the 2013 Act. iv. All the contentions of both the parties are kept open to be urged before respondent No.2- The Land Acquisition Officer. - 7 - HC-KAR NC: 2025:KHC:47227 WP No. 12983 of 2025 v. This Court has not expressed any opinion on the merits and has interfered only on the ground of violation of procedure and natural justice. vi. The parties shall appear before respondent No.2 on 02.12.2025 without awaiting any further notice. vii. Respondent No.2 shall pass a reasoned and speaking order after affording sufficient opportunity to the petitioner within a period of three(3) months from the date of appearance. Sd/- ____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 5