Karnataka High Court
Smt. Kamalamma v. State of Karnataka
2026:KHC:29981 · WP/50133/2014
- Decision date
- 2026-06-17
- Text availability
- Full text
- Judges
- R. Nataraj
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
- 1 - NC: 2026:KHC:29981 WP No. 50133 of 2014 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 50133 OF 2014 (LA-RES) BETWEEN: 1. SMT. KAMALAMMA W/O LATE SHIVARUDRAPPA SINCE DEAD BY HER LRS: 1(a) MAHESHWARAPPA S/O LATE KAMALAMMA AND LATE SHIVARUDRAPPA AGED ABOUT 42 YEARS, 1(b) SMT. SHOBHA W/O LATE RAMESH AGED ABOUT 42 YEARS, 1(c) SMT. KANTHAMMA D/O LATE SHIVARUDRAPPA AGED ABOUT 40 YEARS, Digitally signed by ALL R/AT BETTATHAVAREKERE VILLAGE, HEMALATHA J AMRUTHAPURA HOBLI,Location: HIGH COURT OF TARIKERE TALUK, KARNATAKA CHIKMAGALUR DISTRICT-577101. …PETITIONERS (BY SRI. GURURAJU P.B., ADVOCATE FOR SRI. M. NARAYANA BHAT, ADVOCATE FOR LRS OF DECEASED PETITIONER) AND: 1. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, REVENUE, VIDHANA SOUDHA - 2 - NC: 2026:KHC:29981 WP No. 50133 of 2014 HC-KAR DR. B.R.AMBEDKAR VEEDHI, BANGALORE-560 009. 2. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER THE OFFICE OF THE LAND ACQUISITION OFFICER, BHADRA PROJECT, TARIKERE CHIKMAGALUR DISTRICT-577 101 …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2 CAUSE TITLE IS AMENDED VIDE COURT ORDER DATED 22.09.2023) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS AND DIRECT THE RESPONDENTS TO CONSIDER TO PAY
THE COMPENSATION IN TERMS WITH THE PROVISIONS OF THE NEW LEGISLATION i.e., THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 WHICH HAS COME INTO FORCE FROM 1ST JANUARY 2014 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner (now deceased and represented by her legal representatives) has sought for a writ in the nature of mandamus to direct the respondents to consider paying compensation in terms of the Right to Fair Compensation and - 3 - NC: 2026:KHC:29981 WP No. 50133 of 2014 HC-KAR Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act, 2013’) and to issue a writ in the nature of certiorari, to set aside the notification bearing No.¸ÀA.PÀAE.06.¨sÀƸÁéa.2011 dated 18.11.2011 issued by the respondent No.1 under Section 6(1) of the Land Acquisition Act, 1894 (for short, ‘the Act, 1894’). She has also sought for a writ in the nature of mandamus to hold that the entire acquisition proceedings has lapsed and for a direction to grant all consequential benefits consequent upon granting above reliefs.
2. The sum and substance of the case of the petitioner (now deceased) is that the land bearing Sy. No.22/1 of Bettadatavarekere Village, Amrithapura Hobli, Tarikere Taluk of Chikkamagalur District was acquired for Upper Bhadra Project. An award was passed on 27.05.2013, but the petitioner was not dispossessed from the subject land. She also claimed that the award was passed improperly and the Land Acquisition Officer did not pay the compensation amount to the petitioner nor deposited the same in the Civil Court in the name of the petitioner, but had deposited it in a revenue deposit. The - 4 - NC: 2026:KHC:29981 WP No. 50133 of 2014 HC-KAR petitioner, therefore, contended that she is entitled to compensation as per the Act, 2013. 3. During the pendency of this petition, a memo is filed by the learned counsel for the petitioner which reads as follows: “The Petitioners most respectfully submits as follows: 1. The LAO did not serve notice of Award on the Land owners till today. In the meantime, enhancement was done in respect of the other acquired lands in LAC No. 32/2014 and LAC No. 30/2014. The Hon'ble Civil Court enhanced the compensation by its Award dated 1.12.2022. Having come to know the above Award, the Petitioner submitted an Application to the LAO u/s 28A of the Land Acquisition Act, 1984 on 28.02.2023. 2. In respect of the lands, no enhancement has been made by the LAO. In respect of the Mango trees, formerly a Rs.607.20 was awarded initially.
The same was enhanced to Rs.29,125 by relying on Award in LAC No.32/2014. In addition to that, 30% solatium u/s 23[2], 12% interest u/s 23 [1A] and 9% interest from the date of sec. 4[1] Notification and 15% interest for balance of days and - 5 - NC: 2026:KHC:29981 WP No. 50133 of 2014 HC-KAR accordingly, in exercise of powers u/s 28 A [2] compensation has been enhanced by the Order bearing No. SAQ/CR/14/2010-11 dated 14.07.2025 after hearing the beneficiary of the acquisition, the Asst. Executive Engineer , VJN Ltd, Upper Bhadra Project-4, Tarikere Sun Division. A copy of the said Order is produced herewith and marked as Annexure-E. 4. It is further submitted that proceedings for enhancement of compensation towards land and trees is pending in LAC No.2/2025 on the file of the Hon'ble Sr. Civil Judge, Tarikere. 5. To enforce the above Award passed by the LAO produced at Annexure-E, en execution Petition in Ex P NO. 40/2025 has been filed before the Hon'ble Sr. Civil Judge, Tarikere and the same is pending. 6. Without prejudice to the said proceedings, compensation Awarded may kindly be ordered to be paid to the Petitioners, to meet the ends of justice.”
4. Now that the petitioner has availed the benefit of Section 28A of the Act, 1894 and compensation has been enhanced, the petitioner has been granted higher compensation determined at a sum of Rs.2,90,28,752/-. In that view of the matter, nothing survives for consideration in this writ petition as the petitioner has acknowledged the validity of - 6 - NC: 2026:KHC:29981 WP No. 50133 of 2014 HC-KAR the acquisition notifications and she is also admitted to receipt of higher compensation from the respondent No.2 - Land Acquisition Officer. Accordingly, this Writ Petition stands disposed. 5. It is always open for the petitioners to challenge the order passed by the Land Acquisition Officer under Section 28A of the Land Acquisition Act, 1894. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 59