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2025 DAILYLAW 76093 (KAR)

KRISHNANANDA D v. THE GOVERNMENT OF KARNATAKA

WP/29096/2025 · 2025-10-15

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41054 WP No. 29096 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.29096 OF 2025 (LA-RES) BETWEEN: KRISHNANANDA .D S/O LATE P.T. DALI, AGED ABOUT 45 YEARS, RESIDENT OF SIDDARTHA NAGARA, MALAVOOR VILLAGE, BAJPE POST-574142 MANGALURU. …PETITIONER (BY SRI MAITREYI KRISHNAN, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA STATE OF KARNATAKA, M.S. BUILDING, BENGALURU-560001. REPRESENTED BY ITS CHIEF SECRETARY. 2. THE GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, STATE OF KARNATAKA, M.S. BUILDING, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 3. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, MANGALORE SUB-DIVISION, MANGALURU-570001. …RESPONDENTS (BY SRI HARISHA A.S., AGA) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41054 WP No. 29096 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 3RD RESPONDENT TO DISPOSE OF THE APPLICATION UNDER SECTION 28A OF THE LAND ACQUISITION ACT, 1894 (PLACED AS ANNEXURE-E) AND TO PASS AN ORDER THAT THE PETITIONER IS ENTITLED TO A RE-DETERMINED AMOUNT OF COMPENSATION OF RS.7,000/- (RUPEES SEVEN THOUSAND ONLY) ALONG WITH ALL THE STATUTORY BENEFITS ON THE BASIS OF THE AMOUNT AWARDED BY THE HON’BLE KARNATAKA HIGH COURT IN ORDER DATED 22/04/2014 IN MFA NO.4361 OF 2011 (PLACED AS ANNEXURE-G) WITHIN A PERIOD OF 3 MONTHS. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondents. 2. The petitioner in this writ petition is seeking the following reliefs: “1. Directing the 3rd respondent to dispose of the Application under Section 28A of the Land Acquisition Act, 1894 (placed as Annexure-E) and to pass an order that the Petitioner is entitled to a re-determined amount of compensation of Rs.7,000/- (Rupees Seven Thousand Only) along with all the statutory benefits on the basis of the amount awarded by the Hon’ble Karnataka High Court in Order dated 22.04.2014 in MFA No.4361 of - 3 - HC-KAR NC: 2025:KHC:41054 WP No. 29096 of 2025 2011 (placed as Annexure-G) within a period of 3 months. 2. Grant such other relief or reliefs, which this Hon’ble court may be pleased to grant in the circumstances of the case, in the interest of justice and equity.” 3. Heard the learned counsel for the petitioner and learned AGA for the respondents. 4. The petitioner has filed an application under Section 28A of the Land Acquisition Act, 1894 (‘Act’ for short) before respondent No.3-Land Acquisition Officer and Assistant Commissioner seeking re-determination of the compensation. The grievance of the petitioner is that, despite the order passed by the Co-Ordinate Bench of this Court in the case of Krishnananda .D Vs. The Government of Karnataka and others1 (Krishnananda .D), directing the disposal of such applications filed under Section 28A of the Act within eight months from the date 1 W.P. No.13795/2023 & Connected matters D.D. 17.07.2023 - 4 - HC-KAR NC: 2025:KHC:41054 WP No. 29096 of 2025 of that order, the respondents have not taken steps to comply with the said direction. 5. Learned AGA for the respondents submits that the proceedings before respondent No.3 could not be concluded as nearly 86 applications are pending, and that the petitioner and other land owners had sought repeated adjournments, which resulted in delay. He however, submits that if the petitioner and other land owners cooperate with the process, respondent No.3 would be able to dispose of the same within a period of three months. 6. The submission is recorded. 7. Having regard to the fact that Section 28A of the Act is a beneficial provision intended to provide solace to those land owners or interested persons to claim the just compensation payable to them, even if they have not sought reference under Section 18 of Act, and in light of the earlier order of this Court in W.P. No.13795/2023, - 5 - HC-KAR NC: 2025:KHC:41054 WP No. 29096 of 2025 disposed of on 17.07.2023, directing respondent No.3 to dispose of all such applications filed under Section 28A of the Act within eight months, this Court deems it appropriate to direct respondent No.3 to conclude the proceedings within a time bound manner. Thus, this Court pass the following: ORDER i. The writ petition is disposed of. ii. Respondent No.3 is directed to consider and dispose of the petitioner’s applications filed under Section 28A of the Act within an outer limit of three months from the date of receipt of a certified copy of this order, strictly in accordance with law. iii. The petitioner shall cooperate in the proceedings and shall not seek unnecessary adjournments. Respondent No.3 shall pass appropriate orders strictly in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 21