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2026 DAILYLAW 31189 (KAR)

D.KSIHNA SINGH v. THE SPECIAL LAND ACQUISITION OFFICER

WP/20434/2026 · 2026-07-07

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34186 WP No. 20434 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20434 OF 2026 (LA-RES) BETWEEN: D. KRISHNA SINGH SINCE DEAD REPRESENTED BY HIS LEGAL HEIRS 1. K. LAL BAHADDUR SINGH, S/O. D. KRISHNA SINGH, AGED ABOUT 56 YEARS 2. SRI. K. RANJINI W/O. P. PRATAP SINGH, AGED ABOUT 51 YEARS. 3. K. PUNYAVATHI, W/O. B.M. SURENDAR SINGH, AGED ABOUT 49 YEARS. PETITIONERS NO.1 TO 3 ARE ALL R/AT NO.4648, P. 2ND CROSS, SHIVAJI ROAD, RAJPUT BLOCK, N.R. MOHALLA, MYSURU-570007 …PETITIONERS (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE) AND: THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570005 …RESPONDENT (BY SRI. G.B.SHARATH GOWDA, ADVOCATE) Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34186 WP No. 20434 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO MAKE AN AWARD AND THEREBY TO REDETERMINE THE AMOUNT OF COMPENSATION PAYABLE TO THE PETITIONER WITH STATUTORY BENEFITS UNDER SECTION 28A OF THE LAND ACQUISITION ACT ON CONSIDERATION OF THE APPLICATION DATED 16-12-2016 PRODUCED AT ANNEXURE A TO REDETERMINE THE COMPENSATION PAYABLE FOR SURVEY NO.453 MEASURING 2 ACRES AND 6 GUNTAS OF KESARE VILLAGE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to the respondent to pass an award by re- determining the compensation payable to them with statutory benefits under Section 28A of the Land Acquisition Act, 1894 (for short, 'the L.A. Act') by considering the application dated 16.12.2016 in respect of the land bearing Sy. No.453 measuring 02 acres and 06 guntas of Kesare Village, Kasaba Hobli, Mysore Taluk, Mysore. 2. The petitioners claim that their grandfather Mr. S. Devi Singh was the owner of the land bearing Sy. - 3 - HC-KAR NC: 2026:KHC:34186 WP No. 20434 of 2026 No.453 of Kesare Village, Kasaba Hobli, Mysore Taluk, measuring 02 Acres 06 guntas (including 02 guntas of kharab). They contend that the said land was acquired by the respondent for the purpose of formation of III Stage Devanuru Layout, Mysore in terms of the final notification dated 16.04.1994. An award was passed on 31.10.1997 determining compensation of a sum of Rs.42,000/- per acre. They contend that in respect of another land in the same village acquired by the respondent for the same purpose, the market value was fixed by III Addl. Civil Judge, Senior Division at Mysore in L.A.C. No.316/2005 at a sum of Rs.15,73,000/- per acre. The petitioner therefore filed an application before the respondent seeking benefit of Section 28A of the L.A. Act on 16.12.2016. The petitioner claims that the said representation which was sent to the respondent by Registered Post with Acknowledgement Due (RPAD) is duly served. However, no action is taken by the respondent to consider the case of the petitioners and therefore, the petitioners are before this Court seeking for a writ in the nature of mandamus to direct the respondent to pass an award under Section 28A of the L.A. Act - 4 - HC-KAR NC: 2026:KHC:34186 WP No. 20434 of 2026 and re-determine the compensation payable to them in respect of the property mentioned above. 3. Learned counsel for the petitioners reiterated the above contentions and submitted that in view of the re- determination of the market value in respect of another land in the same village, the petitioners are entitled to same market value as determined in L.A.C. No.316/2005 on the file of the III Additional Civil Judge (Sr. Dn.), Mysuru. 4. The learned counsel for the respondent submits that if the petitioners are entitled to the benefit of Section 28A of the L.A. Act in law, the application of the father of the petitioners would be considered and suitable orders would be passed. 5. In view of the above submission, the writ petition is allowed. The respondent is directed to consider the application of the father of the petitioners dated 16.12.2016 in the light of the Judgment and Award dated 19.10.2016 passed by the III Additional Civil Judge (Senior Division) at Mysore in LAC No.316/2005 and pass appropriate orders within a period of - 5 - HC-KAR NC: 2026:KHC:34186 WP No. 20434 of 2026 three months from the date of receipt of a certified copy of this order. 6. Mr. G.B. Sharath Gowda, learned counsel is permitted to file memo of appearance for the respondent within ten days from today. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 39