Supreme Court - Daily Orders
The Special Land Acquisition Officer ... vs K.B. Lingaraju on 25 February, 2022
Bench: A.M. Khanwilkar, C.T. Ravikumar
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SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising from SLP(C) No. 12135 of 2020)
THE SPECIAL LAND ACQUISITION
OFFICER KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD & ORS. Appellant(s)
VERSUS
K.B. LINGARAJU & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. OF 2022
(Arising from SLP(C) No. 12140 of 2020)
O R D E R
Leave granted.
These appeals take exception to the judgment and order dated 04-02-2020 passed by the High Court of Karnataka at Bengaluru in WA Nos. 6819/2017 and 6820/2017.
Heard learned counsel for the parties. The impugned judgment is essentially founded on the dictum of the same High Court in the case of H.N. Signature Not Verified Shivanna Digitally signed by NEETU KHAJURIA Date: 2022.03.02 and Ors. vs. State of Karnataka and Anr., 16:57:30 IST Reason:
reported in (2013) 4 KCCR 2793 (DB). That decision has been expressly overruled in paragraph 17 of the judgment 2 of this Court in Bangalore Development Authority and Anr.
Vs. State of Karnataka and Anr., reported in 2018 (9) SCC
122.
Besides, the appellant has invited our attention to the judgment of the Constitution Bench of this Court in Offshore Holding Pvt. Ltd. Vs. Bangalore Development Authority, reported in 2011 (3) SCC 139, in particular, paragraph 124, which has been adverted to in the subsequent case of Bangalore Development Authority and Anr. Vs. State of Karnataka and Anr. (supra).
As this position was not brought to the notice of the Division Bench of the High Court, we deem it appropriate to set aside the impugned judgment and order and relegate the parties by restoring the writ appeal(s) to the file of the High Court to their original numbers for being decided afresh.
All contentions available to both sides are left open.
We may not be understood to have expressed any opinion either way on the merits of the contentions available to the parties.
The civil appeals are disposed of in the above terms. 3 Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI;
FEBRUARY 25, 2022.
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ITEM NO.32 Court 3 (Video Conferencing) SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 12135/2020
(Arising out of impugned final judgment and order dated 04-02-2020 in WA No. 6819/2017 passed by the High Court Of Karnataka At Bengaluru) THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD & ORS. Petitioner(s) VERSUS K.B. LINGARAJU & ORS. Respondent(s) WITH SLP(C) No. 12140/2020 (IV-A) (FOR EXEMPTION FROM FILING O.T. ON IA 51107/2021) SLP(C) No. 4924-4925/2020 (IV-A) SLP(C) No. 19192/2021 (IV-A) Date : 25-02-2022 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Ms. Kiran Suri, Sr. Adv.
Mr. S.J. Amith, Adv.
Mr. Krishna Kumar, Adv.
Dr. (Mrs.) Vipin Gupta, AOR Mr. S.K. Kulkarni, Adv.
Mr. M. Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, AOR Ms. Uditha Chakravarthy, Adv.
For Respondent(s) Mr. Basavaprabhu S. Patil, Sr. Adv.
Mr. Chinmay Deshpande, Adv. Mr. Anirudh Sanganeria, AOR Mr. D. Seshadri Naidu, Sr. Adv. Mr. Murthy D. Naik, Sr. Adv. Mr. Pai Amit, AOR Ms. Pankhuri Bhardwaj, Adv.5
Ms. Shivali Chaudhary, Adv. Mr. Siddharth Chapalgaonkar, Adv. Mr. Vikram Ramalingam, Adv.
Mr. Abhishek Kumar Singh, AOR Ms. Pallavi Baghel, Adv.
Mr. Prashant Mathur, Adv.
Mr. V. N. Raghupathy, AOR Mr. Md. Apzal Ansari, Adv.
UPON hearing the counsel the Court made the following O R D E R SLP(C) Nos. 12135 and 12140 of 2020 Leave granted.
The civil appeals are disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
SLP(C) No. 4924-4925/2020 and SLP(C) No. 19192/2021 List these matters on 07.03.2022.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH) [Signed order is placed on the file]