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2025 DAILYLAW 78615 (KAR)

SRI. SIDDAIAH v. STATE OF KARNATAKA

WP/28030/2025 · 2025-10-09

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39838 WP No. 28030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 28030 OF 2025 (LA-KIADB) BETWEEN: 1. SRI. SIDDAIAH S/O LATE BALAIAH AGED ABOUT 80 YEARS R/AT GANTIGANAHALLI VILLAGE BELLAVIHOBLI, TUMKUR TALUK TUMAKURU-572 140. 2. SRI VENKATARAMANAPPA S/O LATE KARIYAPPA AGED ABOUT 65 YEARS R/AT B.G.PALYA VILLAGE BELLAVIHOBLI, TUMKUR TALUK TUMAKURU-572 140 . 3. SRI RAVICHANDRA.G.H S/O.LATEHANUMANTHAIAH AGED ABOUT 52 YEARS R/AT GOWRAGONDANAHALLI VILLAGE KORA HOBLI, TUMKUR TALUK TUMKUR- 572 138. 4. SRI. RANGAIAH S/O SIDDAIAH AGED ABOUT 54 YEARS R/AT GANTIGANAHALLI VILLAGE BELLAVIHOBLI, TUMKUR TALUK TUMAKURU- 572 140. 5. SRI N.MALLIKARJUNAIAH S/O LATE NANJUNDAIAH AGED ABOUT 54 YEARS R/AT BAHUJANAHALLI VILLAGE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39838 WP No. 28030 of 2025 KORA HOBLI, TUMKUR TALUK TUMKUR- 572 138. …PETITIONERS (BY SRI. RAJESWARA.P.N., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE DR.B.R.AMBEDKARVEEDI, VIKAS SOUDHA BENGALURU – 560001 REP. BY ADDITIONAL CHIEF SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD IV AND V FLOORS, EAST WING KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560001 REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD IV AND V FLOORS, EAST WING KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560001. 4. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD. MARUTHI TOWERS 1ST FLOOR, NEXT TO SIT COLLEGE B.H. ROAD, TUMKUR - 572102. …RESPONDENTS (BY SRI.HARISHA A S, AGA FOR R1: SRI. C RAMAKRISHNA., ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PASS SUPPLEMENTARY AWARD IN ACCORDANCE WITH THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, - 3 - HC-KAR NC: 2025:KHC:39838 WP No. 28030 of 2025 REHABILITATION AND RESETTLEMENT ACT, 2013, IN RESPECT OF TREES, MALKIES AND STRUCTURES MENTIONED IN THE JOINT INSPECTION REPORT AT ANNEXURE-C AND C1 BY CONSIDERING THE PETITIONERS REPRESENTATIONS DATED 06.05.2025 AT ANNEXURE-A, 01.07.2025 AT ANNEXURE-A1, 01.07.2025 AT ANNEXURE-A2, 19.12.2024 AT ANNEXURE-A3, 03.03.2025 AT ANNEXURE-A4 RESPECTIVELY 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 ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent No.1. 2. Sri C.Ramakrishna, learned counsel is directed to take notice for respondent Nos.2 to 4. 3. Petitioners are before this Court seeking for the following reliefs: “(1) Issue a Writ of Mandamus directing the Respondents to pass Supplementary Award in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in respect of trees, malkies and structures mentioned in the Joint Inspection report at Annexure-C and C1 by considering the Petitioners Representations dated 06.05.2025 at Annexure-A, 01.07.2025 at Annexure- - 4 - HC-KAR NC: 2025:KHC:39838 WP No. 28030 of 2025 A1, 01.07.2025 at Annexure-A2, 19.12.2024 at Annexure-A3, 03.03.2025 at Annexure-A4 respectively; and (ii) PASS such other orders as this Hon'ble court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity." 4. Heard the learned counsel for the petitioners and learned counsel for the respondents. 5. The grievance of the petitioners is that, though several representations were submitted to respondent No.4 in the months of December 2024, March 2025, May 2025 and July 2025 (vide Annexure-A series) seeking issuance of supplementary award for trees, malkies and structures, the same have not been considered till date. 6. Learned counsel for respondent Nos.2 to 4 submits that the representations of the petitioners would be considered in accordance with law, if reasonable time is granted. 7. The submission is recorded. - 5 - HC-KAR NC: 2025:KHC:39838 WP No. 28030 of 2025 8. In view of the above, the grievance of the petitioners would stand redressed if appropriate direction is issued to respondent No.4 to consider the representations. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. Respondent No.4 is directed to consider the petitioners’ representations at Annexures-A series, strictly in accordance with law and to pass appropriate orders, within an outer limit of two months from the date of receipt of a certified copy of this order. Sd/- ____________________ JUSTICE K.S. HEMALEKHA HA LIST NO.: 1 SL NO.: 18