Sri Gurushantappa v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1427 OF 2024 (LA-RES) BETWEEN:

¶1SRI GURUSHANTAPPA S/O LATE PATEL KULLAPPA AGED ABOUT 64 YERARS R/AT BASAVANAHALLI VILLAGE AT SY NO.108 AND 109 VIJAYANAGAR 4TH PHASE 2ND STAGE, MYSORE 570001

¶2SRI SHAMBU S/O GURUSHANTHAPPA S/O LATE PATEL KULLAPPA AGED ABOUT 42 YEARS R/AT BASAVANAHALLI VILLAGE AT SY NO 108 AND 109 VIJAYANAGR 4TH PHASE 2ND STAGE MYSORE 570001

¶3SMT AMBIKA D/O GURUSHANTHAPPA S/O LATE PATEL KULLAPPA AGED ABOUT 38 YEARS R/AT BASAVANAHALLI VILLAGE AT SY NO 108 AND 109 VIJAYANAGR 4TH PHASE 2ND STAGE MYSORE 570001

Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA NC:(2026:KHC:5733-DB( WA(No.(1427(of(2024( ( , ,,HC-KAR( ( (

4., SRI,NANDISH, S/O,GURUSHANTAPPA, S/O,LATE,PATEL,KULLAPPA, AGED,ABOUT,36,YEARS, R/AT,BASAVANAHALLI,VILLAGE, AT,SY,NO,108,AND,109, THVIJAYANAGR,4 ,PHASE, 2ND,STAGE,MYSORE,570001, ,

5., SRI,PUTTANANJAPPA, S/O,LATE,PUTTAMADAPPA, AGED,ABOUT,88,YEARS, R/AT,BASAVARIAHALLI,VILLAGE, AT,SY,NO,108,AND,109, THVIJAYANAGR,4 ,PHASE, 2ND,STAGE,MYSORE,570001, ,

6., SRI,VEERABHADRAPPA, S/O,PUTTANANJAPPA, AGED,ABOUT,58,YEARS, R/AT,BASAVARAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, ,

7., SRI,SHIVARUDRAPPA, S/O,PUTTANANJAPPA, AGED,ABOUT,57,YEARS, R/AT,BASAVARIAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, ,

8., SRI,BASAVANNA, S/O,PUTTANANJAPPA, AGED,ABOUT,60,YEARS, R/AT,BASAVARAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, , NC:(2026:KHC:5733-DB( WA(No.(1427(of(2024( ( , ,,HC-KAR( ( (

9., SRI,SHIVANNA, S/O,LATE,PATEL,KULLAPPA, AGED,ABOUT,74,YEARS, R/AT,BASAVANAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, ,

10., SRI,SOMASHEKAR, S/O,SHIVANNA, AGED,ABOUT,47,YEARS, R/AT,BASAVANAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, ,

11., SRI,CHANDRASHEKAR, S/O,SHIVANNA, AGED,ABOUT,42,YEARS, R/AT,BASAVANAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, ,

12., SRI,SHANTH,KUMAR, S/O,SHIVANNA, AGED,ABOUT,37,YEARS, R/AT,BASAVANAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, ,

13., SRI,PUTTANANJAMMA, W/O,L,T,MAHADEVAPPA, AGED,ABOUT,88,YEARS, R/AT,BASAVANAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHAE, 2ND,STAGE,,MYSORE,570001, ,

14., SMT,GANGAMMA, NC:(2026:KHC:5733-DB( WA(No.(1427(of(2024( ( , ,,HC-KAR( ( ( D/O,LATE,SHANKAR, AGED,ABOUT,43,YEARS, R/AT,BASAVANAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, ,

15., SRI,ALLAMMAPRABHU, S/O,LATE,MAHADEVAPPA, AGED,ABOUT,55,YEARS, R/AT,BASAVANAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, ,

16., MAHENDRA, S/O,LATE,SHANKAR, AGED,ABOUT,40,YEARS, R/AT,BASAVANAHALLI,VILLAGE, AT,SY,NO,108,AND,109, VIJAYANGAR,4TH,PHASE, 2ND,STAGE,,MYSORE,570001, , , …APPELLANTS, (BY,SRI.,RAMESH,BAIRAREDDY,,ADVOCATE,FOR, ,,,,,,SRI.,VARUN,M.R.,AND,YATHISH,S,,ADVOCATES), , AND:( (

1., STATE,OF,KARNATAKA, BY,ITS,SECRETARY,, DEPARTMENT,OF,URBAN,DEVELOPMENT,, AND,HOUSING,4TH,FLOOR,, VIKASA,SOUDHA, DR.,AMBEDKAR,VEEDHI,, BENGALURU,560,001, ,

2., MYSURU,URBAN,DEVELOPMENT,AUTHORITY, J.L.,B.,ROAD,, MYSURU,570,001,, NC:(2026:KHC:5733-DB( WA(No.(1427(of(2024( ( , ,,HC-KAR( ( ( REPRESENTED,BY,ITS,COMMISSIONER,

3., THE,SPECIAL,LAND,ACQUISITION,OFFICER, MYSURU,URBAN,DEVELOPMENT,, AUTHORITY,J.L.,B.,ROAD,,, MYSURU,570,001, ,

4., MAJ,N,SRINATH, S/O,G,S,NANJUND,RAO, AGED,ABOUT,66,YEARS, R/AT,NO,282/2,,OLD, 498C,35TH,CROSS, JAYANAGAR,,4TH,T,BLOCK, BENGALURU,560041, ,

5., SRI,K,THIMMEGOWDA, S/O,KALEGOWDA, AGED,ABOUT,68,YEARS, R/AT,CHIBEDRAHALLI, KANGANAMARDI,POST, PANDAVAPURA,TALUK, MANDYA,571434, ,

6., SMT,LAKSHMI, W/O,THAMANNA, AGED,ABOUT,49,YEARS, ,

7., SMT,NETHRAVATHI, D/O,THAMANNA, AGED,ABOUT,33,YEARS, ,

8., SMT,CHAITRA, D/O,THAMANNA, AGED,ABOUT,20,YEARS, ,

9., SMT,CHIKKAMMA, W/O,LATE,KARIGOWDA, AGED,ABOUT,71,YEARS, ,

10., SRI,PUTTARAJA, S/O,LATE,KARIGOWDA, AGED,ABOUT,42,YEARS, NC:(2026:KHC:5733-DB( WA(No.(1427(of(2024( ( , ,,HC-KAR( ( ( ,

11., SMT,SUNITHA, D/O,LATE,KARIGOWDA, AGED,ABOUT,37,YEARS, ,

12., SRI,PRAKASH, S/O,LATE,KARIGOWDA, AGED,ABOUT,34,YEARS, ,

13., SMT,KEMPAMMA, W/O,LATE,CHIKKEGOWDA, AGED,ABOUT,77,YEARS, ,

14., SRI,PAPANNA, S/O,LATE,CHIKKEGOWDA, AGED,ABOUT,54,YEARS, , RESPONDENTS,6,TO,14,ARE, R/AT,NO,366/1,,HUNDI,BEEDI, INKAL,MYSORE,570018, ,

15., DR,NAVEEN,KUMAR,D,S, S/O,SHANKARAPPA,D,R, AGED,ABOUT,42,YEARS, R/AT,NO,3011,,24TH,CROSS, 24TH,MAIN,,MYSORE,570017, ,

16., SMT,MANASA,S, W/O,MR,P,V,SUDEEP, AGED,ABOUT,30,YEARS, RF/AT,NO,39,,HIRODE,STREET, PANDAVAPURA, MANDYA,571434, ,

17., MRS,T,S,RAJALAKSHMI, W/O,LATE,T,S,VEERAGHAVACHAR, AGED,ABOUT,72,YEARS, R/AT,535/D,4TH,CROSS, 5TH,MAIN,,NEAR,AYYAPPASWAMY,TEMPLE, VIJAYA,BANK,LAYOUT, BENGALURU,SOUTH, NC:(2026:KHC:5733-DB( WA(No.(1427(of(2024( ( , ,,HC-KAR( ( ( BENGALURU,560076, , SMT KAVITHA 18., D/O LATE SHANKAR AGED ABOUT 43 YEARS R/AT BASAVANAHALLI VILLAGE AT SY NO 108 AND 109 VIJAYANGAR 4TH PHASE 2ND STAGE, MYSORE 570001 , SMT SAVITHA 19., D/O LATE SHANKAR , AGED ABOUT 40 YEARS R/AT BASAVANAHALLI VILLAGE AT SY NO 108 AND 109 VIJAYANGAR 4TH PHASE 2ND STAGE, MYSORE 570001

SMT GEETHA 20., D/O LATE SHANKAR AGED ABOUT 38 YEARS R/AT BASAVANAHALLI VILLAGE AT SY NO 108 AND 109 VIJAYANGAR 4TH PHASE 2ND STAGE, MYSORE 570001 , …RESPONDENTS, (BY,SRI.,MOHAMMED,JAFEER,SHAH,,AGA,FOR,R1, ,,,,,,SRI.,VIVEKANANDA,T,P,,ADVOCATE,FOR,C/R2,&,R3, ,,,,,,SRI.,NISHANT,A.V,,ADVOCATE,FOR,C/R16), , , THIS,WRIT,APPEAL,IS,FILED,U/S,4,OF,THE,KARNATAKA, HIGH, COURT, ACT, PRAYING, TO, ALLOW, THE, APPEAL,, BY, SETTING, ASIDE, THE, ORDER, DATED, 05.08.2024, IN, WRIT, PETITION, No., 20257/2021, BY, THE, LEARNED, SINGLE, JUDGE, AND,GRANT,THE,PRAYERS,AS,PRAYED,FOR,IN,THE,INTEREST, OF,JUSTICE,AND,EQUITY., , , THIS, APPEAL,, COMING, ON, FOR, ORDERS,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , ,

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. POONACHA)

¶1The present intra-Court appeal is filed by the writ petitioners calling in question the order dated

05.08.2024 passed in W.P.No.20257/2021, whereunder the learned Single Judge dismissed the writ petition. The said petition was filed by the petitioners to quash the acquisition of the petition schedule lands.

¶2The relevant facts in a nutshell leading to the present appeal are that the petitioners' family claim to be the owners of an extent of 4 acres 36 guntas of land in Survey No.108 and an extent of 3 acres 32 guntas of land in Survey No.109 (totally measuring 8 acres 28 guntas) situated at Basavanahalli Village, Kasaba Hobli, Mysore Taluk and District (hereinafter referred to as 'the said lands'). The said lands along with other lands were acquired by respondent No.2-Mysore Urban Development

Authority-(MUDA) for the formation of Vijayanagara 4th stage Layout.

¶3The preliminary notification was issued under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as the 'Act') and a final modification dated 10.12.1992 was issued under Section 19(1) of the said Act. A notice dated

06.08.1994 under Section 12(2) of the Act was issued informing that a general award has been passed and a notice dated 05.09.1994 was issued informing the father of the petitioners to receive the compensation amount. Being aggrieved, the petitioners filed WP No.43506/2011 along with other connected writ petitions. A learned Single Judge of this Court vide order dated 01.06.2012 held as under:

¶6The petitioners have approached this Court after long delay of years. As aforementioned, acquisition notifications were issued as back as in the year 1991-1992. Absolutely no valid reasons are assigned for condoning such a long delay. Hence, the writ petitions are liable to be dismissed both on the ground of delay and laches as well as merits.

However, the prayer of the petitioners for a direction to consider the representation Annexure-D dated 14.3.2011 filed by the petitioners needs to be considered as per law. This Court while deciding W.P.No.16504/2004 has directed MUDA to consider and allot suitable sites in favour of each of the petitioners therein, having regard to the economic and social status of the petitioners. However, said portion of the order was questioned by MUDA before the Division Bench in W.A.No.1849/2005. While disposing of the said writ appeal, this Court did not agree with the specific direction issued by learned Single Judge relating to allotment of site in favour of the petitioners therein. On the other hand, the Division Bench has concluded that the prayer of the petitioners therein are to be considered as per law at the discretion of Mysore Development Authority. Hence, the same direction needs to be granted in these writ petitions also. Accordingly, the following order is made:-

a. It is held that the scheme in question is substantially implemented.

b. Acquisition notifications impugned in these writ petitions are not interfered with.

c. Respondent No.2 is directed to consider the representation vide Annexure-D dated 14.3.2011 in the light of the observations made in W.A.No.1849/2005 and as per law as early as possible, but not later than outer limit of four months from the date of receipt of this order.

With these observations, writ petitions stand disposed of.

(emphasis supplied)

¶4The petitioners have inter-alia contended that they continue to remain in possession of the lands in question. They also contended that having regard to the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (RFCTLARR Act), they are entitled to compensation under the said Act. Hence, the petitioners filed the subject writ petition in WP No.20257/2021 seeking for the following reliefs:- WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court be pleased to:- a) Issue a writ in the nature of certiorari or any other writ to quash the proceedings dated 02-08-2021 of respondent No.2 in No.MYNAPRA/LAQ/2021-22 as per Annexure-R and also the Endorsement dated 04-08-2021 issued by respondent No.3 in No.LAC(2)72/94-95 as per Annexure-R1;

b) Consequently, pass an appropriate writ or order declaring that in view of the law laid-down by the Hon'ble Apex Court in G. Mohan Rao v/s State of Tamil Nadu and Others case reported in 2021 SCC OnLine SC 440, in view of given effect to the Right to Fair Compensation and Transparency in Land acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013), the earlier legislation i.e., the Karnataka Urban Development Authorities Act, 1987 stands repealed and it is not enforceable unless and until it is revived in terms of

the principles laid-down in the aforesaid judgment. Consequently, the authorities under the Act i.e., respondent Nos.2 and 3 cease to have any power to enforce the acquisition from taking any further action in pursuance to the Preliminary Notification dated 23-12-1991 as per Annexure-A and the Final Notification dated 10-12-1992 as per Annexure-B; c) Pass any appropriate writ, order or direction as this Hon'ble Court deem it fit and proper in the facts and circumstances of the case and allow this Writ Petition with costs, in the ends of justice and equity.

¶5Vide order dated 05.08.2024, the learned Single Judge held that the petitioners are only liable to seek for enhancement in the quantum of compensation. We find no error with the said finding.

¶6With regard to the contention that they are entitled to compensation under the RFCTLARR Act, as rightly noted by the learned Single Judge, the process of acquisition was completed much prior to the coming in to force of the said Act. Hence, it was rightly held by the learned Single Judge that the petitioners are entitled to compensation as per the provisions of the Land Acquisition Act, 1894 [LA Act].

¶7With regard to the contention regarding possession, the learned Single Judge noticed that the notification under Section 16(2) of LA Act has been drawn on 13.02.2002, which indicates that possession is already taken. They also noticed that layout maps have been published by MUDA and sites have been allotted in favour of third parties and allotment letters have also been issued and the area is also developed. Hence, the learned Single Judge has rightly rejected the contention put forth by the petitioners on the said aspect also.

¶8The learned Single Judge dismissed the writ petition by granting liberty to the petitioners to make representations to respondent No.2-MUDA to grant them incentive sites as per the policy of MUDA.

¶9It is the contention of the learned counsel for the appellants that the amount of compensation was a meager amount, deposited long ago, which is not commensurate with the value of extent of land that was

sought to be acquired and that the appellants would be put to great hardship if the said lands are taken away, having regard to the increase in the value of the said lands.

¶10Learned counsel for the second respondent submits that as per the incentive policy of MUDA, the appellants will be entitled to allotment of adequate number of sites.

¶11It is the contention of the learned counsel for the appellants that in lieu of the compensation amount, the appellants be allotted alternate sites apart from the sites they are entitled to under the incentive scheme.

¶12In view of the above, it shall be open to the appellants to make a representation to the MUDA for allotment of two sites on an extent of 60X40 each in lieu of the compensation payable to them and if such a representation is made, the second respondent-MUDA shall favourably consider the same. This direction is given

considering the facts of the present case and not to be treated as precedent in future.

¶13With the said observations, the present appeal stands disposed of.

¶14Pending IAs., if any, stand disposed of.

Sd/- (D K SINGH) JUDGE

Sd/- (C.M. POONACHA) JUDGE

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