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High Court of Karnataka · body

2025 DAILYLAW 89380 (KAR)

SRI G J VIJAYAKUMAR v. SRI DR S SELVA KUMAR I A S

CCC/908/2025 · 2025-11-13

C M Poonacha

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46478-DB CCC No. 908 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 908 OF 2025 BETWEEN: SRI G J VIJAYAKUMAR S/O. JAYARAMA REDDY, AGED ABOUT 63 YEARS, R/AT NO. 2/1, MARUTI NILAYA, HAL MAIN ROAD, DOMLUR, BENGALURU-560 071. …COMPLAINANT (BY SRI. H N SHASHIDHAR, SENIOR ADVOCATE FOR SRI. H S SUHAS., ADVOCATE) AND: 1. SRI DR. S SELVA KUMAR I A S PRINCIPAL SECRETARY, THE STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. SRI. DR. MAHESH M. I. A.S., CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB), NO.14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BENGALURU-560 001. 3. SRI. M. MAHESHWAR RAO MANAGING DIRECTOR, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46478-DB CCC No. 908 of 2025 BANGALORE METRO RAIL CORPORATION LTD (BMRCL), BMTC COMPLEX, 3RD FLOOR, K.H. ROAD, SHANTI NAGAR, BENGALURU-560027. 4. SRI. MR. NAGAPRASANNA THE SPECIAL LAND ACQUISITION OFFICER, (METRO RAIL PROJECT) MAHARSHI ARAVINDA BHAVANA, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. 5. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY PRINCIPAL SECRETARY. …ACCUSED (BY SMT. NAMITHA MAHESH, AGA FOR A1 & A5; SRI. P V CHANDRASHEKAR, ADVOCATE FOR A2 & A4; SRI. HARISH N N, ADVOCATE FOR A3) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYS THAT TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN FOR THEIR WILFUL DISOBEDIENCE OF THE ORDERS OF THIS HONBLE COURT DATED 18.07.2024 IN WP NO.13134/2023 C/W WP NO.22877/2022 VIDE ANNEXUE-H BY ISSUING PROCEEDS AGAINST ALL THE ACCUSED AND PUNISH THEM FOR THEIR WILFUL DISOBEDIENCE OF THE ORDER OF THIS HON'BLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:46478-DB CCC No. 908 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging willful disobedience of the order dated 18.7.2024 in W.P.No.13134/2023 (LA-KIADB). 2. The directions issued by the Court in terms of the said order are set out below: ORDER (i) The jurisdictional Assistant Director of Land Records, Bengaluru East Taluk is hereby directed to conduct a survey as to the land utilized in Survey Nos.17/1 and 18 of Bellandur village for formation of BMRCL metro project after due notices to the petitioners in both the writ petitions and other interested persons of the surrounding lands and also to the concerned Officers of BDA, KIADB and BMRCL and prepare a sketch; (ii) The State is directed to issue a fresh corrigendum to the notifications already issued based on the survey to be conducted by the Assistant Director of Land Records, if required; (iii) The jurisdictional Special Land Acquisition Officer, KIADB is hereby directed to take steps to disburse compensation based upon the survey to be conducted by the jurisdictional Assistant Director of Land Records; (iv) The parties are always at liberty to challenge the survey report in accordance with law, if they are so aggrieved; (v) The authorities are directed to do the needful as expeditiously as possible. The survey shall be conducted - 4 - HC-KAR NC: 2025:KHC:46478-DB CCC No. 908 of 2025 within a period of eight months from the date of receipt of a certified copy of this order and corrigendum, if any, shall be issued within a period of four months thereafter and disburse the compensation/deposit in the Reference Court in accordance with law; (vi) The writ petitions stand disposed of accordingly. 3. The accused has filed an affidavit contesting the allegation that the said directions have not been complied with. It is affirmed that the survey as directed was conducted and the surveyor also indicated that the land as claimed by the complainant was included in the said survey. It is also pointed out that the notification for acquisition of the land included the lands falling in Sy.No.17/1 of Bellandur village. 4. The only remaining direction to be complied with thus was disbursement of the compensation which was deposited in the Reference Court. In this regard it is affirmed that a compensation in respect of 967.74 sq.mtr., comprising 443.40 sq.mtrs., pertaining to P.Narayanappa in Sy.No.18 of Bellandur and 404.70 sq.mtrs., pertaining to the complainant and his children in Sy.No.17/1 of Bellandur is pending adjudication and compensation has been deposited. - 5 - HC-KAR NC: 2025:KHC:46478-DB CCC No. 908 of 2025 5. It is thus stated that it is for the complainant to make appropriate application before the Reference Court for disbursement of the compensation in respect of the said land measuring 404.70 sq.mtr., falling in Sy.No.17/1 as claimed by him. 6. In view of the above, we are unable to accept that the accused are guilty of committing any willful default of the order dated 18.7.2024 passed in W.P.No.13134/2023. 7. The complaint is, accordingly, closed. 8. However, it is clarified that this would not preclude the complainant from agitating any grievances in respect of the subject land or quantum of compensation or the manner of its disbursement. 9. Pending applications, if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND, List No.: 1 Sl No.: 20