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2025 DAILYLAW 90664 (KAR)

SRI.T VAIDYANATHAN v. STATE OF KARNATAKA

WP/8644/2025 · 2025-12-15

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53880 WP No. 8644 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.8644 OF 2025 (LA-KIADB) BETWEEN: SRI T. VAIDYANATHAN S/O SRI THIYAGARAJAN, AGED ABOUT 48 YEARS, PRESENTLY R/AT (INSERT - AUSTRALIA ADDRESS) ALSO AT A-3-E, SRIVATHSAM, MATHURAPURI NAGAR, KALYANAPURAM, VEPPATHUR POST, THANJAVUR DISTRICT, TAMIL NADU-612 105. …PETITIONER (BY SRI ANKUR TRIPATHI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, VIKASA SAUDHA, BANGALORE–560 001. 2. PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, GOVERNMENT OF KARNATAKA, NO.49, KHANIJA BHAVAN, SOUTH WING, RACECOURSE ROAD, BENGALURU-560 001. 3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD OFFICE OF THE SPECIAL LAND ACQUISITION OFFICER-II, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53880 WP No. 8644 of 2025 #49, 4TH AND 5TH FLOORS, ‘EAST WING’, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU–560 001. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 AND R-2; SRI BASAVARAJ HALLAD, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS AS PER ANNEXURES-H, J AND K (DATED 16.08.2022, 16.08.2022 & 06.05.2024) EXPEDITIOUSLY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus directing respondent No.3-KIADB to consider the representations dated 16.08.2022 and 06.05.2024 (Annexures-H, J and K) and further to direct respondent No.3 to release the compensation/award amount at the rate of 2,300/- per sq. ft., as indicated in the notice dated 12.03.2021 (Annexure-C). 2. Heard learned counsel for the petitioner and learned counsel for the respondents. - 3 - HC-KAR NC: 2025:KHC:53880 WP No. 8644 of 2025 3. The petitioner claims to be absolute owner of the residential site No.149, katha No.557 in Sy.No.481 situated at Simhapuri Town Ship measuring an extent of 2400 square feet situated at Jigani Village. The Karnataka Industrial Areas Development Board (KIADB) issued a notification in the year 2019 for acquisition, wherein the petitioner’s schedule property was included. Respondent No.3, by notice dated 12.03.2021, had quantified the compensation at 2,300/- per sq. ft., and called upon the petitioner to furnish the original title documents. In response thereto, the petitioner’s father submitted a representation (Annexure-G) along with all requisite original documents before respondent No.3 seeking release of the compensation/award amount in terms of the said notice. 4. Thereafter, further representations dated 16.08.2022 and 06.05.2024 were submitted seeking disbursement of the compensation/award amount so determined. However, despite quantification of - 4 - HC-KAR NC: 2025:KHC:53880 WP No. 8644 of 2025 compensation by the authority itself, the amount has not been released till dated. 5. The grievance of the petitioner is confined to the non-consideration of the representations and withholding of compensation already determined without assigning any reason. From the material on record, it is evident that the compensation was quantified by the respondent-Board as early as 12.03.2021 in the absence of any dispute regarding title or entitlement, no plausible reason is assigned by respondent No.3 for withholding the compensation amount. Therefore, this Court is of the considered opinion that once compensation has been determined by the acquiring authority and the land owner has complied with the requirements, the authority is under a statutory obligation to release the amount within a reasonable time. Accordingly, this Court pass the following: - 5 - HC-KAR NC: 2025:KHC:53880 WP No. 8644 of 2025 ORDER i. The writ petition is allowed. ii. Respondent No.3 is directed to consider the representations of the petitioner and to release the compensation award at the rate of 2,300/- per sq.ft. as quantified under the notice dated 12.03.2021. iii. The petitioner shall be entitled to interest at 7% per annum, payable from 12.03.2021, till the date of actual disbursement, having regard to the unexplained delay in releasing the amount. iv. The above exercise shall be completed within eight weeks from the date of receipt of certified copy of this order. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 29