Karnataka High Court
Smt. Boramma, Since Dead By Lrs vs The State Of Karnataka on 15 July, 2011
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
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<f mn © KARNATAMA MEG! & 8 Su ikeh GQUI I Gols ge eg, ye % a hae Tage? Gal BO HE va s e Da, BMG GR EHH B Sr 6 > Rye Gad ak OH E Bsa all PPADS BAO PLD A Le Cb ~ IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 15™ DAY OF JULY, 2011. THE HON'BLE MRS. JUSTICE B.V..NA GARATHNA WRIT PETITION NO:6 4/261 Af (LA KIADE} SMT. BORAMMA, SINCE E.. DEAD BY LRS, . SR] MADEGOWDA ..- S/O LATE MADAYYA AGED ABOUT P87 % YEd te) .
2. SRI RAMA Rit : -
S/O ATE LADAY YA AGED OUT 50 YEAR Be Te ARE R/A, I HELWAI DA HOBLI BELWADI GRAMA § -- MYS SORE TALUK Oo MAD ARE EGOWDA AGED ABOUT 65 55 5 YEAR S R/A HEL LI 7 BEl LWAL "WO Soba LL CUABLNLE G AGED ABOUT 62 YEARS URT co sagen eS £8 io
5. SMT. MAHADEVAMMA W/O BOREGOWDA AGED ABOUT 60 YEARS R/A IRAHALLI HELEWADA HOBLI MYSORE TALUK.
JUICY IOARMATAICA Fil
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ah CC . SMT. JAYAMMA W/O MARIS YYGOWDA AGED ABOUT 54 YEARS - is ah "9... BETITIONERS ANMOHAN P.N.,. ADV.) 0. hGIN GOUERE OF KARNATAKA KIC joo . THE STATE OF KAENATAKA DEPART! F INDUSTRIES OE OWS, a rw Ce te | 7 on.
Ee VIDHANA SOUDHA DR. AMBEDKAR VEEDI BANGALORE.
REPRESENTED BY IT'S SECRETARY. Rb BAIS PS ol of
-2.. THE SPECIAL LAND ACQUISITION "OFFICER.
wee BG he KARNATAKA INDXISTRIAL AREAS _. DEVELOPMENT BOARD . BANGALORE 3 HEAR VIKRANTH TYRES BRANCH OFFICE Gir KARNATAKA Mah RAI SUS PAIR. NGI AUK | LP LL = beat 2 & sa we & & e ak ad 3 > Beye Tyg Sook BR THE FOL "act Yo GIP EIR ESLGE AS Pgh PUD he Sd Le I F
4. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONE MYSORE.
(BY SRI. VENKATESH H. DODDERI, AGA FOR SRI. P.V. CHANDRASHEKAR, ADV., FOR R2 & THIS WRIT PETITION FILED DB UND ZR RTICLES 226 & 227 OF THE CONSTITUTION OF INDIA TO QUASH THE ORDER' DATED 31.7.2010, PASSED BY THE 2" RESPONDENT (PRODUCED HEREWITH ANNEXURE - R) AND CONSEQUENTLY DIRECT THE 2XD RESPONDENT TO PAY © SATION AMOUNT TO THE PETITIO NERS iN RESPECT OF THE S.NO.96, MEASURING 2... CRESS; SITUATED AT KOORGALLI ' MA, MYSORE --_ "TALAIK ACQUIRED DE ICATION DATED 5.12.2006 THIS PETITION Cor MING OR FOR PRELIMINARY HEARING IN Be GRO SUP THIS DAY, THE COURT MADE a ve, 2 soe 4 t The petiti tionera who are the L a cerrppen od s bn Ebi d we, sae se ; cred ati, 7 a 2 we & ae «his writ petition, challenging the order dated 4 we cane ab reapondent e JRT OF KARNATAKA HIGH COURT Me < 7:
bee a = on Sagi oe < x dn a oat x ~ Pes, ~ 4 wh oe fn See een F A a ven gs ¥ f é , oe wwe et se 2 a pe be ee BER RoW 4 RRR Meh Pgh 2 WS revenue rene sda. 'Petitioners' mother, Smt s land in n 8Y. No. 96 which shell be hereir S 3 compensation amount in respect of Sy. No. 96, measuring 2 acres, situate:
Taluk which has been acquired by virtue of the * notification dated 5.12.2006, which is the final notification issued under the provision of the Karnataka lexus ats Development . Act, 1966 {herein after referred to as 'Act'). ave etated that their father late
2. The petitio Sri. Madayya was ee 1950. ARer the. said grant, the said « erie Se, BE of Sy. No. was rein uiaber ea as Sy. No. 253, thereafter the name' of the petitioners' father was noted in the g . Boramma, eh wile o of late 'Bri. Madayya wae alec 2 acres of iy QURT OF KARNATAKA HIGH CO on ae GI JP CARN ATIAICA Fil ee a a ee TAR INA EO, CUA WUE UP RARINATARA Pid QUOURT SST ere ane
3. When matters stood thus, the 2s¢ reapondenit Sy. No. 253 as well as. Sy.
f late Sri. Madayya 'and late ~ determination of compensation has taken. place on 26.02.2007. The compensation: determined-in respect of vy. 253 has been deposited -in Civil Court since there are some suits pending between the. petitioners. Ae far as land. 4 4 . 2 sonfie, - : 22, - voy oe *. wn ce - oe ts = at. se, has been determination of comperisation, the sa to the respondent not been reéleseed aa acco 7 ; 5 7 , 7 es Be twrlers cave riot a authorities the peti & 2 said compensation and based.on the report submitted by the 4% respondent-the , order dated 31.07.2010 was RS Deputy Corumnissioner JURE GP RAKN ALARA MiiGr COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT af 4 a Pd ey 2 a df z q we iy ge x a = oe wo Sal LAE * Madey 'compe: tion can not be released in the na netitioners once .gubunte the reaporment Nos. 1 4 and learned Counsel for
3. It is conteruied on behalf of the petitioners. it :
from the acquisition notifications it t beccnies clear the, larwi bearing Sy. No. 253 ie « diferent from lei Sy. No. 96. As far as land granted to Me dayya is concerned, the compensation. has. been determir the same is depos reste 'ed before the Civil Cou the land grant ted 'to Borar submitted by" the Deputy Come has beer isued 6 tatix ting that the compensation that is eapect of land in ve ee come oe a being sought question ¥ Was actianlly a gubject matter of grant made to yya and on | his death the land was transferred in the name of Scramma and therefore on that basis, the of the nas legal representatives or heirs of deceased Boramma as no land was granted to her. He os 2 rs ke sa, Wty aap. ea Ee 4s ee%, oo , een i 2 torder at Annexure ~- RX @ not m accordance sae Fae MON MP RH PPRS RE RES AMOS 8D ENEE E Tee tel AOS FOE NEALE, IE GA i INA Pit GW? Or RARNATAIA HSM COURT OF MARNATAKA HIGH COUR t exxi.in the nar o stated that an oramina wete- gr Deputy Commission OURT 4¢ KARNATAKA HIGE OF IURT = < A wo GP GUI E Wr RAKRNALAIG MiGh LOURT OF KARNATAS VET Y SoH Fs BEG SSE F Naw teal 2 9% of Madayya in the acquisition notification. In acquired land. Therefore, petition filed by the petitioners has to be diem is devoid of merits and the sax ieee. a se ge és ' . ; 4. . 4. eo we 7, Having heard the learned Counsel' for the spective parties and on perusal of the materials: on, record it i noted from a acquisition no tificatiogi er hich is produced at Annexure - H dated 5.12.2006, i under Section 284) of the Act, the name-of Boran shown as against | Sy. No. 96 and. meine of Madayya is ey ve Ds inst 8. Wo:253 26 Re stification itself has shown Sy. Nos. 96 and 953-28 being separate S wing their separate bourm * that the. name of context the. conterition of the learned Counsel for the 7 petitioners, requires to be accepted in as much as the grant order im the name of Madayya is dated 31.03.1950 ana copy of the grant is produced at Annexure ~ A, en one oe cepa wate came 2B syne pes aa, mek 2 .
while grant im the name of Horarmmea is dated ¥% of the eaid grant o "4 s % a = a6 bed 'bow Miah COURT © Wir BUGIS FAA SBR Yt BA Ret tha Aa BS Lad PGA ETEL EMI PEPE LOL f fox, a bs. ee ie ~~ Z 1 : gy, ee from the name of Madayya to tl a o alia tels 7 census, wate 'tmede available the grant Annexure - D. Therefore, when different Survey beer, ass in the acqiuisitiori notification and names of Madayya and Boramma are ~ clusively showr in res; respectively and bounda are different it cannot: be coricluded that the name of.Horamma is sheowri as my 8 & Goal Madayya and that the grant made to iate Sri. is the very land granted. to Boraninia, ort has succeeded ti Madayya- land as his legal heir. &. There i To. commiaesraton of the fact that Madayya atid Doramrma were individually granted lands So notice that oe Seon i v fond re bal a ta B
-Madeyya expired on 11.9.1971 and therefore, in the ferred year 1953; the grant could not have been tr ge 4 . .@ e ' 2 zB 2 . nie aes tet, yy ho, gy 4 me wig bon res So pape oe aan _ ow ores OR PT AULNOTINGS. 2 immeec toere has as ee ae ae et bay Sly Ye we Ce, im, Si De BOOGTR eS Grar. Wl Os Damne OO: DOTATne enc. ES oe é OF KARNATAKA HIGH COURT € A ATM COURT Zn x *% a _ = Be ~ 7 ase im & 2 2 x Roa TOAST eGR ie RCPS, LOA oh LESS, FEAL OR ERIE Seu the % § abserice of th ere © being examination o i6 lates and in reapect of different extents of lands and new survey number is assiguéd as % ade in the name of ~ No.253 after the grant been rya, that would not imply there has been no grant made in the It ie for the concerned | a 7 authority to apply their mind a. to whether the grant made in the name of. Madayye A aisd Bore clusive and based on the grazit « er tsfis cade grant and the r reve erie ceoords ¥ Then 'oth Sy.Nos.2 as well as 96 are. show wriin, the acquisition notifications a and Boramma respectively, be entitled to nds acquired or as the comper mation:
a. bee 4 or ele) in the 'ing tarit_ case t vould be entitled as Ob 0 far as "Bor airimia's larie which iz acquired. In the 2 and also the revenue records, the authorities could not YE Pd Sars ae Tne the ners oF ont honk Hi Boranmune'a name tutated on the death of KARNATAICA Madayya. Such a finding is contrary to the records oe "ep acquisition notification. Hence, Annexure-R-has tobe Q quashed. Consequently, the petitioners have to bé given ©. an opportunity to produce all relevant records. before respondent-Deputy Conrmissioner..co. that the case of the petitioners insofar as Boramma's land is oo med which is sail to heve. reapondent-authcrities could' be @ ni accordance with law comsideration shall be rine within a period of thres months trom the date of receipt of certified. copy of this order... Oo. AWhite deter :
Nad of the om ng the entitlement Ve TR GWE UP RORNALOIGAA MiGH COURT OF KARNATAKA HIC & ners. to. the compensation, the Deputy Commissioner would also have to hear the second \ yespondent as well as the petitioners and consider the them after the iseuing notice to the petitioners. Since Bs 'the petitic RESORT EGE OF RAE Hes teal SON Mal TT PLL PN ol FS T R I U ~QURT OF KARNATAKA HIGH CO C on aa gout be represented by their respective counsel, they are directed to apy before the 44 respondent-Deputy_ Commissioner on 1.8.2011 at 3 p.m. to bring 'it. tothe © notice of the Deputy Coramissioner the orders pak this writ petition along with the copy.of this order and requisite document which shall be. ited. ga a proceeding and accordingly take further actioty in the vby the 4% and after a finding is given ex,-the same would be reapondent-Depu ve dot: by. respondent No.2 ard i . Bee. 4 "a a 5 Ea oe --
a Would be cetermmnec. 4% a "og _ : eo "sh : petegetl ne a & ee 4 , ae
10. In the result, the writ petition m allowed in Sd/-
JUDGE