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2025 DAILYLAW 78618 (KAR)

K DEVARAJU v. STATE OF KARNATAKA

RP/596/2024 · 2025-07-30

M I Arun

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29612 RP No. 596 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REVIEW PETITION NO.596 OF 2024 BETWEEN: 1. K DEVARAJU S/O LATE K KEMPEGOWDA AGED ABOUT 63 YEARS R/AT ABBENAHALLI VILLAGE KASAB HOBLI, MALUR TALUK KOLAR DISTRICT-563 130. 2. K YOGANANDA S/O LATE K KEMPEGOWDA AGED ABOUT 57 YEARS R/AT ABBENAHALLI VILLAGE KASAB HOBLI, MALUR TALUK KOLAR DISTRICT-563 130. 3. K RAMACHANDRA S/O LATE K KEMPEGOWDA AGED ABOUT 59 YEARS R/AT ABBENAHALLI VILLAGE KASAB HOBLI, MALUR TALUK KOLAR DISTRICT-563 130. …PETITIONERS (BY SRI. HEMANTH KUMAR D., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29612 RP No. 596 of 2024 AND: 1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001 REPRESENTED BY ITS ADDITIONAL SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS EXECUTIVE MEMBER KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001. 3. SPECIAL LAND ACQUISITION OFFICER-I KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BHARATH SCOUTS AND GUIDES BUILDING NO.4/6, 1ST CROSS PALACE ROAD, NEAR MAHARANI COLLEGE BANGALORE-560 001. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDRU, AGA FOR R.1.) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF CPC., PRAYING TO REVIEW THE ORDER DATED 11.09.2024 PASSED BY THIS COURT IN W.P.NO.20229/2022 (LA-KIADB) AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC:29612 RP No. 596 of 2024 THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. This review petition is filed against the order dated 11.09.2024 passed in W.P.No.20229/2022. 2. The lands of the petitioners have been acquired for the purposes of KIADB. In the course of the arguments, the petitioners have submitted that they will be satisfied if appropriate compensation is paid. Hence, the writ petition has been disposed of upholding the acquisition and with a direction to the authorities concerned to pay the compensation to the petitioners in accordance with law. 3. The review petition is filed on the ground that as there is no specific observation that petitioners should be paid compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (for short 'the Act') - 4 - HC-KAR NC: 2025:KHC:29612 RP No. 596 of 2024 the concerned respondents are not determining the compensation payable to the petitioners under the said Act. 4. With regard to the compensation payable to the petitioners, the following observation is made in the writ petition:- "3. As the lands are necessarily agricultural in nature and an alternative prayer is made by the petitioners for award of proper compensation, I do not see it as a fit case to set aside the notifications acquiring the said land. As far as the compensation to be awarded, it is needless to state that the Special Land Acquisition Officer will consider all factors before determining the compensation and if the petitioners are not satisfied by the same, they are always at liberty to approach the Reference Court for enhancement of compensation in the manner known to law." 5. Thus, as per the order passed in W.P.No.20229/2022, the petitioners are entitled to compensation payable to them in accordance with law and if they are not satisfied by the same, - 5 - HC-KAR NC: 2025:KHC:29612 RP No. 596 of 2024 they are always at liberty to approach the appropriate forum in the manner known to law. 6. I do not see any error apparent on the face of the record. Further, petitioners have not made out any ground for condonation of delay in filing the review petition. For the said reason, the review petition is hereby dismissed. 7. As delay is not condoned, I.A.No.1/2024 is also dismissed. SD/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 41