Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REVIEW PETITION NO.596 OF 2024 BETWEEN:
1. K DEVARAJU AGED ABOUT 63 YEARS R/AT ABBENAHALLI VILLAGE KASAB HOBLI, MALUR TALUK KOLAR DISTRICT-563 130.
2. K YOGANANDA
AGED ABOUT 57 YEARS Digitally R/AT ABBENAHALLI VILLAGE signed by GEETHA P G KASAB HOBLI, MALUR TALUK Location: KOLAR DISTRICT-563 130. HIGH COURT OF KARNATAKA 3. K RAMACHANDRA AGED ABOUT 59 YEARS R/AT ABBENAHALLI VILLAGE KASAB HOBLI, MALUR TALUK KOLAR DISTRICT-563 130. …PETITIONERS (BY SRI. HEMANTH KUMAR D., ADVOCATE) -2- AND:
1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001 REPRESENTED BY ITS ADDITIONAL SECRETARY.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS EXECUTIVE MEMBER KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001.
3. SPECIAL LAND ACQUISITION OFFICER-I
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BHARATH SCOUTS AND GUIDES BUILDING NO.4/6, 1ST CROSS PALACE ROAD, NEAR MAHARANI COLLEGE BANGALORE-560 001. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDRU, AGA FOR R.1.) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF CPC., PRAYING TO REVIEW THE ORDER DATED 11.09.2024 PASSED BY THIS COURT IN W.P.NO.20229/2022 (LA-KIADB) AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. -3- THIS PETITION, COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. This review petition is filed against the order dated 11.09.2024 passed in W.P.No.20229/2022.
2. The lands of the petitioners have been acquired for the
purposes of KIADB. In the course of the arguments, the petitioners have submitted that they will be satisfied if appropriate compensation is paid. Hence, the writ petition has been disposed of upholding the acquisition and with a direction to the authorities concerned to pay the compensation to the petitioners in accordance with law.
3. The review petition is filed on the ground that as there is
no specific observation that petitioners should be paid compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (for short 'the Act') -4- the concerned respondents are not determining the compensation payable to the petitioners under the said Act.
4. With regard to the compensation payable to the petitioners, the following observation is made in the writ petition:-
"3. As the lands are necessarily agricultural in nature and an alternative prayer is made by the petitioners for award of proper compensation, I do not see it as a fit case to set aside the notifications acquiring the said land. As far as the compensation to be awarded, it is needless to state that the Special Land Acquisition Officer will consider all factors before determining the compensation and if the petitioners are not satisfied by the same, they are always at liberty to approach the Reference Court for enhancement of compensation in the manner known to law."
5. Thus, as per the order passed in W.P.No.20229/2022, the
petitioners are entitled to compensation payable to them in accordance with law and if they are not satisfied by the same, -5- they are always at liberty to approach the appropriate forum in the manner known to law.
6. I do not see any error apparent on the face of the record.
Further, petitioners have not made out any ground for condonation of delay in filing the review petition. For the said reason, the review petition is hereby dismissed.
7. As delay is not condoned, I.A.No.1/2024 is also dismissed. SD/- (M.I.ARUN) JUDGE VMB List No.: 2 Sl No.: 41