SRI B RAJENDRA KUMAR v. THE SPECIAL LAND ACQUISITION OFFICER
WP/20592/2025 · 2026-07-13
R Nataraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31682 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31682 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35417 WP No. 20592 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20592 OF 2025 (LA-RES) BETWEEN:
1.
SRI. B. RAJENDRA KUMAR S/O LATE BOREGOWDA BORAIAH @ BARAPPA AGED ABOUT 66 YEARS, R/AT NO.4452/C, NEW NO.7/2 7TH CROSS, ST. MARY'S ROAD, N.R. MOHALLA, MYSORE-570007
2.
SMT. R. ANITA D/O LATE B. RAMU AGED ABOUT 45 YEARS, R/AT NO.3969/28, 3RD CROSS, OPPOSITE TO PARK, SHANKARNAGAR MANDYA-571401
3.
SMT. V. SABITA D/O LATE SOWBHAGYA LATE R. VISWESHWARAIAH AGED ABOUT 50 YEARS, NO.1023/A, 9TH MAIN III STAGE GOKULAM, MYSORE-570002
4.
SRI. M. KRISHNA MURTHY S/O NOT KNOWN AGED ABOUT 69 YEARS, RESIDING AT NO.579
"RAJANI", 1ST CROSS, 3RD STAGE, BEML LAYOUT BANGALORE-560098 …PETITIONERS (BY SRI. G. PRITHVIRAJ SHASTRY, ADVOCATE)
Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:35417 WP No. 20592 of 2025
AND:
THE SPECIAL LAND ACQUISITION OFFICER MUDA, JLB ROAD MYSURU-570005 …RESPONDENT (BY SRI. SACHIN V.R., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE APPLICATION FILED BY THE PETITIONERS DATED 15.02.2017 UNDER SECTION 28(1) OF THE LAND ACQUISITION ACT SO AS TO REDETERMINE THE COMPENSATION VIDE APPLICATION PRODUCED AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, 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 direct the respondent to consider their application dated 21.01.2016 filed under Section 28A(1) of the Land Acquisition Act, 1894, (henceforth referred to as 'Act, 1894' for short) and re-determine the compensation.
2. (i) The petitioners contend that they are the owners of land bearing Sy. No.184 of Devanuru Village, Kasaba Hobli, Mysuru Taluk, Mysuru District measuring 03 acres 25
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HC-KAR NC: 2026:KHC:35417 WP No. 20592 of 2025
guntas. The said land was proposed for acquisition in terms of a preliminary notification dated 13.07.1992 published in the official gazette on
13.08.1992. An award was passed determining the compensation payable at a sum of Rs.57,500/- per acre. (ii) The petitioners claim that various other landowners, whose lands in various survey numbers of Devanuru Village were acquired for the very same purpose and under the very same notification, sought enhancement of compensation under Section 18(1) of the Act, 1894. The Reference Court registered those cases as LAC Nos.227/2008, 316/2005, 230/2008, 229/2008, 244/2008 and 94/2010 and vide its judgment and award dated 19.10.2016, the compensation was enhanced from Rs.57,500/- per acre to Rs.15,73,000/- per acre along with statutory benefits. The petitioners thereafter filed an application dated 21.01.2016 before the respondent seeking the benefit of the enhanced compensation under Section 28A(1) of the Act,
1894. (iii) The petitioners contend that another land loser in W.P. No.53100/2017 had approached this Court seeking the
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HC-KAR NC: 2026:KHC:35417 WP No. 20592 of 2025
benefit of enhanced compensation and the said writ petition was disposed of by directing the respondent to consider the application for enhanced compensation. The petitioners therefore pray that a direction be issued to the respondent to consider their application dated 21.01.2016 and grant enhanced compensation in terms of the judgment and award passed in LAC Nos.227/2008, 316/2005, 230/2008, 229/2008, 244/2008 and 94/2010.
3.
Learned counsel for the petitioners reiterated the above contentions and prays to consider the application filed by the petitioner.
4.
Learned counsel for the respondent submitted that if reasonable time is granted, the case of the petitioners would be examined on merits and if it is in accordance with law, appropriate steps would be taken to consider their application.
5. In view of the above, this petition is allowed. The respondent is directed to consider the application of the petitioners dated 21.01.2016 and if it is in accordance with law, respondent shall grant the benefit of enhanced compensation
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HC-KAR NC: 2026:KHC:35417 WP No. 20592 of 2025
as determined by the III Additional Senior Civil Judge and CJM, Mysuru in LAC Nos.227/2008, 316/2005, 230/2008, 229/2008, 244/2008 and 94/2010 vide its judgment and award dated
19.10.2016. This shall be complied within a period of three months from the date of receipt of a copy of this order.
6. In view of the disposal of the main petition, pending interlocutory applications if any do not survive for consideration and the same stand disposed of.
Sd/- (R. NATARAJ) JUDGE
HJ List No.: 1 Sl No.: 34