Karnataka High Court
Dr Patil S Fertility And Endoscopy ... vs Karnataka Industrial Area Development ... on 25 February, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC:8546
WP No. 11903 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 11903 OF 2021 (LA-KIADB)
BETWEEN:
DR. PATIL'S FERTILITY AND
ENDOSCOPY CLINIC PVT. LTD.
A PRIVATE LIMITED COMPANY WITH ITS
REGISTERED OFFICE AT
C/O SANMATI INVESTMENT,
MADHAV NAGAR,
BUDHAWARPET, SANGLI,
MAHARASHTRA - 416 406.
WITH ITS REGIONAL OFFICE AT
UMA ADMIRALTY
NO.1 ABOVE HDFC BANK
BANNERGHATTA ROAD
BANGALORE - 560 029
REPRESENTED BY ITS DIRECTOR
DR MILIND SHRIMANDHAR PATIL.
Digitally ...PETITIONER
signed by
ROOPA R U (BY SMT. BHARMAL SHIRIN SHABBIR BHAI., ADVOCATE FOR
Location: SRI. MENTO ISSAC.,ADVOCATE)
HIGH
COURT OF AND:
KARNATAKA
1. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
A STATUTORY BODY, WITH ITS OFFICE AT
EAST WING, KHANIJA BHAVAN,
4TH AND 5TH FLOOR, RACE COURSE ROAD,
BENGALURU - 560 001.
REPRESENTED BY SPECIAL
LAND ACQUISITION OFFICER.
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NC: 2025:KHC:8546
WP No. 11903 of 2021
2. BANGALORE METRO RAIL CORPORATION LTD
A PUBLIC LIMITED COMPANY,
WITH ITS OFFICE AT
BMTC COMPLEX,
3RD FLOOR, KH ROAD,
SHANTINAGAR, BENGALURU - 560 027.
3. UMA ESTATES AND INFRASTRUCTURE PVT. LTD.,
A PRIVATE LIMITED COMPANY,
WITH ITS OFFICE AT NO.1,
UMA ADMIRALITY BANNERUGHATTA ROAD,
HDFC BANK BUILDING,
BANGALORE
(FORMERLY KNOWN AS
M/S UMA SOUMYA BUILDERS PVT LTD.,)
REPRESENTED BY ITS DIRECTOR
G SRIDHAR REDDY.
4. G SRIDHAR REDDY
CHIEF EXECUTIVE OFFICER
M/S UMA SOUMYA BUILDERS PVT LTD.,
NO. 8-2-703/A/6/B ROAD NO.12
BANJARA HILLS, HYDERABAD - 500 034.
5. SMT. G UMA REDDY
W/O G SRIDHAR REDDY
MAJOR, NO. 8-2-703/A/6/B, ROAD, NO.12
BANJARA HILLS, HYDERABAD - 500 034.
...RESPONDENTS
(BY SRI.B.B. PATIL.,ADVOCATE FOR R1;
SRI. N.N. HARISH., ADVOCATE FOR R2;
SRI. AJAY RAO., ADVOCATE FOR R3, R4, AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE
ANNX-M BEING THE AGREEMENT EXECUTED BETWEEN THE R-1
AND R-3 TOWARDS LAND ACQUISITION AND COMPENSATION
PAYMENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:8546
WP No. 11903 of 2021
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner claiming to be the owner of an extent of 2069 sq.ft. of undivided share in the land out of land measuring 20,000 sq.ft. along with 5748 sq. ft. of super built up area at the mezzanine floor level of the Multi-storied Commercial building known as 'Uma Admirality' bearing No.1 at Bannerghatta Main Road, which earlier formed part in Sy.No.42/2 of Bairasandra village, Uttarahalli Hobli, Bangalore South Taluk presently Bruhat Bangalore Mahanagara Palike, Ward No.64, is before this Court seeking following reliefs;
"a. Quash the Annexure-M being the Agreement executed between the respondent no.1 and respondent No.3 towards land acquisition and compensation payment.
b. Quash the Annexure-Q being the Agreement executed between the respondent No.1 and respondent No.5 towards land acquisition and compensation payment.
c. Issue a writ , order or direction in the form of mandamus, to respondent No.1 and 2 to pay a compensation of Rs.28,23,947/- (Rupees Twenty Eight Lakhs Twenty Three thousand Nine Hundred and Forty Seven) to petitioner with applicable interest with effect from 08.11.2017.
d. Any other relief as deemed fit in the
circumstances by the Hon'ble Court."
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WP No. 11903 of 2021
2. Case of the petitioner is that the aforesaid land originally belonged to respondent Nos.3 and 4 who had put up construction of a commercial building. That petitioner purchased the built up area measuring together with 5748 sq. ft. of undivided share in the land in terms of a deed of sale dated 21.03.2007 from respondent Nos.3 and 4. That respondent No.2 had acquired portion of the said land for the purpose of Bangalore Metro Rail Development. Thus, an extent of 103 square meter of land forming part of schedule 'A' property was acquired in terms of preliminary notification dated 28.09.2016 and the final notification dated 27.10.2016.
3. That respondent No.2 had admittedly sent a package compensation in a sum of Rs.2,72,97,700/- which resulted in passing of consent award in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966. That the entire compensation amount has been paid by the respondent No.1 to respondent Nos.3 and 5 without taking into consideration the ownership and entitlement of the petitioner to the extent proportionate to her interest in the property. That -5- NC: 2025:KHC:8546 WP No. 11903 of 2021 petitioner had therefore issued a notice dated 21.6.2019 to the respondents calling upon them to pay the compensation amount payable in respect to the share of the petitioner in the undivided extent of land. Respondent Nos. 1 and 2 had issued untenable reply, constraining the petitioner to approach this Court.
4. Learned counsel appearing for the petitioner reiterating the contents of the petition and taking this Court through the documents submits that the undivided extent of land purchased by the petitioner would proportionately form 10.345% of the total compensation paid by the respondent- authorities to the respondent Nos.3, 4 and 5, which is equallent to Rs.28,23,947/- and that the said amount has been paid by the respondent No.1 on 08.11.2017. That the respondent Nos.3 to 5 are unjustifiably withholding the aforesaid amount of Rs.28,23,947/- payable to the petitioner. Despite demands made by the petitioner the same has not been responded to. She also submits retention of the said amount by the respondent Nos.3 to 5 has caused financial loss and prejudice to the petitioner. Therefore, respondent Nos.3 to 5 shall be directed to pay the aforesaid amount together with interest at -6- NC: 2025:KHC:8546 WP No. 11903 of 2021 the present commercial rate. Hence, seeks for allowing of the petition.
5. Learned counsel for the respondent-authorities on the other hand submits that when the land was acquired in the preliminary notification names of respondent No.3 to 5 are shown as the owner of the land and there were no other records available with regard to the name of the petitioner having been entered into in the revenue records. As such, the compensation was paid to the respondent Nos.3 to 5. It is further his submission that since the compensation is paid in the manner know to law, nothing can be attributed as against respondent- authorities. Claim of the petitioner if any can only be as against respondent No.3 to 5 and not against respondent Nos.1 and 2. Hence, seeks for dismissal of the petition.
6. Learned counsel appearing for private respondent Nos. 3 to 5 on the other hand on instructions submits that respondent Nos.3 to 5 are ready and willing to pay the amount proportionate to the entitlement of the petitioner. He also contends the private respondent Nos.3 to 5 have already paid Rs.6,75,487/- towards the capital gain tax in respect of the -7- NC: 2025:KHC:8546 WP No. 11903 of 2021 amount being claimed by the petitioner. Therefore, he submits that the amount of Rs.28,23,947/- will be paid after deducting the said amount. As regards the claim for the interest is concerned he submits that the private respondents 3 to 5 are ready and willing to pay 6% per annum from the date of receipt of the amount till the payment.
7. Learned counsel for the petitioner in response submits that if the private respondents have made the payment towards capital gain tax they shall furnish the proof of the same with a necessary letter and requisition to the concerned department to pass on the credit of payment of said amount to the petitioner. However, if any claim made by the department thereafter, the same should be paid and reimbursed by the private respondents.
8. Heard and perused the records.
9. Since the issue falls in a narrow compass only with regard to disbursement of compensation, there is no requirement of going into any other aspect of the matter. In view of the submissions made by the learned counsel for the petitioner with regard to claim of the petitioner being -8- NC: 2025:KHC:8546 WP No. 11903 of 2021 Rs.28,23,947/- and the same not having been disputed by the private respondents, the petition is disposed of with following directions;
(a) the private respondents shall pay the said amount of Rs.28,23,947/- within a period of 30 days from the date of receipt of certified copy of this order.
(b) The aforesaid amount shall carry interest at the rate of 6% per annum from the date of receipt of the amount by the private respondents till the payment of the same to the petitioner.
(c) If the private respondents have paid the capital gain tax in respect to the aforesaid sum of Rs.28,23,947/- it is the responsibility of private respondents to ensure the credit of said payment is passed on to the petitioner if permissible under law by availing necessary certificates in this regard from the tax department.
(d) Such certificate shall be passed on to the petitioner at the time of payment of the amount as mentioned here. -9-
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(f) It is made clear if no such certificate is made available the entire amount of Rs.28,23,947/- shall be paid to the petitioner within the time stipulated with interest at 6% p.a. as directed.
Sd/-
(M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 6