K.C.Krishnappa vs The Special Land Acquisition Officer on 23 September, 2019

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Karnataka High Court

K.C.Krishnappa vs The Special Land Acquisition Officer on 23 September, 2019

Bench: P. B. Bajanthri

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF SEPTEMBER, 2019

                         BEFORE

       THE HON'BLE MR.JUSTICE P. B. BAJANTHRI

        WRIT PETITION No.62002/2016 (LA-KIADB)

Between:
K.C.Krishnappa
S/o Chika Muniyappa
Aged about 60 years
R/at Kambalipura Village
Sullebelli Hobli
Hoskote Taluk-562114.                          .. Petitioner

(By Sri Syed Khaleel Pasha, Advocate)

And
1.     The Special Land Acquisition Officer,
       Karnataka Industrial Area
       Development Board, Kheny Building,
       Gandhinagar,
       Bengaluru - 560009.

2.     Karnataka Industrial Area
       Development Board,
       Rashtrothana Building,
       Nrupathunga Road,
       Bengaluru - 560001.
       Rep. by its Secretary.

3.     The Deputy Commissioner
       Bengaluru Rural District Podium Block
       Vishweshwaraya Tower,
       Bengaluru - 560001.
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4.   The Assistant Commissioner
     Dodaballapur, Sub-Division,
     2nd Floor, Podium Block,
     Vishwaraya Tower,
     Bengaluru - 560001.

5.   The Secretary
     Government of Karnataka,
     M.S.Building, Dr.Ambedkar Veedhi,
     Bengaluru - 560001.

6.   Rajiv Gandhi Petroleum
     Institute of Technology, Hoskote
     Bengaluru Rural District-562114
     Represented by its Manager.         ... Respondents

(By Sri Gopal V Bilalmane, Adv. for R1 and R2;
Sri E.S.Indiresh, Advocate for R3 to R5;
Notice to R6 is dispensed with)

     This W.P is filed under Articles 226 and 227 of the
Constitution of India, praying to direct respondent Nos.1
to 6 pay enhanced compensation of Rs.5.00 crores per
acre for having acquired the land bearing Sy.No.127
measuring to an extent of 3 acre, situated at
Kambalipura Village, Sullebeli Hobli, Hoskote Taluk,
Bengaluru Rural District as per the present prevailing
market value and etc.,

     This writ petition coming on for 'Preliminary
Hearing' this day, the Court made the following:-

                        ORDER

Sri Gopal.V.Bilalmane, learned counsel accepts notice for respondent Nos.1 and 2. 3

2. Learned State counsel accepts notice for respondent Nos.3 to 5.

3. Service of notice to respondent No.6 is dispensed with vide order dated 23.09.2019, since no orders affecting the rights of respondent No.6 is being quashed.

4. In this writ petition, the petitioner has sought for following reliefs:

a. Writ in the nature of mandamus, directing the respondent Nos.1 to 6 to pay enhanced compensation of Rs.5.00 Crores per acre for having acquired the land bearing Sy.No.127 measuring to an extent of 3 acre, situated at Kambalipura Village, Sullebeli Hobli, Hoskote Taluk, Bengaluru Rural District as per the present prevailing market value.

b. A writ in the nature of mandamus, directing the respondent No.6 to provide employment to the children of the petitioner, in the 6th respondent Company, immediately after the children of the petitioner having completed their education.

5. In this regard, the petitioner's claim is to seeking for enhancing the compensation of a sum of Rs.5.00 Crores per acre for having acquisition proceedings in respect of Sy.No.127 measuring to an extent of 3 acre, situated at Kambalipur Village, Sullebeli Hobli, Hoskote Taluk, Bengaluru Rural District. The petitioner has not apprised what is the basis for assumption that he is entitled for Rs.5.00 crores per acre. In the absence of necessary materials, it is not appropriate to entertain the petitioner's petition.

Accordingly, writ petition stands dismissed reserving liberty to the petitioner to file a fresh representation apprising how he is entitled for a sum of Rs.5.00 crore per acre or any other amount.

Sd/-

JUDGE ssb

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