Booba v. Government of Karnataka

ORDER DATED

06.01.2026 IN LAQCR/1/2010-11 (PLACED AS ANNEXURE-D) ALONG WITH INTEREST TILL THE DATE OF DISBURSAL OF COMPENSATION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for a direction to respondent No.3 to consider his application dated 10.04.2026 and ensure disbursal of the compensation as determined vide order dated

06.01.2026 in LAQCR/1/2010-11 in respect of the land bearing Sy.Nos.19/1A1A3 and 19/1A1B6 of Malavoor Village, Mangaluru Taluk.

2.

(i) The petitioner contends that he was the owner of the land in Sy.Nos.19/1A1A3 and 19/1A1B6, total measuring 60 cents situate at Malavoor Village, Mangaluru Taluk, which was acquired by the respondent No.1 for the formation of the second runway and terminal tower for the Mangalore Airport.

The respondent No.3 passed an award dated 16.11.1992, which was amended on

02.04.1994 and compensation was determined at a sum of Rs.250/- per cent.

(ii) The petitioner claims that several similarly placed land owners had sought enhancement of the compensation and the Reference Court had passed an award in LAC No.13/1997 and enhanced the compensation to Rs.8,000/- per cent apart from other statutory benefits. The petitioner therefore sought re-determination of compensation in view of Section 28A of the Land Acquisition Act, 1894 (henceforth referred to as 'the Act, 1894') by filing an application on 28.10.2010.

(iii) Thereafter, this Court in MFA No.4361/2011 and connected cases reduced the compensation to Rs.7,000/- per cent. The said award passed by this Court was accepted by the respondent No.1 and amounts were credited into the Reference Court. The petitioner contends that some of the land losers whose applications under Section 28A of the Act, 1894 were not considered approached this Court in W.P.No.13795/2023 and connected petitions, which were disposed of in terms of an

order dated

17.07.2023 directing the disposal of the applications within a period of eight months.

(iv) The petitioner contends that the respondent No.3 has re-determined the compensation at a sum of Rs.7,000/- per cent along with other benefits and interest in terms of the order dated 06.01.2026. The petitioner claims that the enhanced compensation is released to the Deputy Commissioner with vide Government Order dated 24.10.2025. The petitioner thus filed an application dated 10.04.2026 seeking release of the compensation, which is not considered till date and therefore, the petitioner is before this Court.

¶3The learned counsel for the petitioner reiterated the above submissions and submitted that once the amount is already released to the Deputy Commissioner, the respondent No.3 is bound to act with alacrity to release the compensation. She also contends that after filing the writ petition, a notice is issued by the respondent No.3 calling upon the petitioner to furnish documents and that the documents sought for are duly furnished and therefore, there is no impediment for the respondent No.3 to release the compensation.

¶4The learned Additional Government Advocate on the other hand submitted that the claim of the petitioner would be considered in accordance with law and if the petitioner is entitled to the compensation, appropriate orders would be passed.

¶5In view of the above submission of the learned Additional Government Advocate, this petition is allowed. The respondent No.3 is directed to consider the request of the petitioner and release the compensation at the earliest which at any rate shall not be beyond two months from the date of receipt of a copy of this order.

Sd/- (R. NATARAJ) JUDGE

BKN List No.: 1 Sl No.: 44

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 29781 OF 2026 (LA-RES) BETWEEN: BOOBA S/O GURUVA AGED ABOUT 50 YEARS, RESIDENT OF SIDDARTHA NAGARA, MALAVOOR VILLAGE, BAIPE POST MANGALURU - 574142 …PETITIONER (BY SMT. MAITREYI KRISHNAN, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA STATE OF KARNATAKA, M.S. BUILDING, BENGALURU-560001. REPRESENTED BY ITS CHIEF SECRETARY 2. THE GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, STATE OF KARNATAKA, M.S. BUILDING, BENGALURU - 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY 3. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER MANGALORE SUB-DIVISION, MANGALURU - 575001. …RESPONDENTS (BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE) by HEMALATHA J Location: HIGH COURT OF KARNATAKA THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO DISPOSE OF THE APPLICATION DATED 10.04.2026 (PLACED AS ANNEXURE-G) AND IMMEDIATELY ENSURE THE DISBURSAL OF THE COMPENSATION AS DETERMINED VIDE