High CourtsSingle Bench(2021) 09 KAR CK 0010

Nasrin Taj vs State Of Karnataka & Others

Karnataka High Court · Decided on 8 September 2021

HON’BLE JUDGES
R. Devdas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 9525 Of 2021 (LA-KIADB)

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Judgment

6 paragraphs · 303 words

R Devdas, J

1.

The contention of the petitioner is that though she is a lawful owner of 2 acres of land in Sy.No.79 of Shettigere Village, Jala Hobli, Devenahalli Taluk, which is now known as Bangalore North Taluk, which is further known as Yelahanka Taluk, Bangalore Urban District, by virtue of a grant made by the competent authority on 29.09.1984, entire 2 acres of land being notified for acquisition for the purpose of Bangalore Metro Rail Project, no award is made in favour of the petitioner.

2.

On the other hand, it is the contention of the respondents No.2 and 3 that the petitioner is not the lawful owner of the property in question. Nevertheless, in the statement of objections filed at the hands of respondent No.3-the Special Land Acquisition Officer, KIADB it is stated that an award has been passed on 05.10.2020 and a reference has been made on 22.12.2020 to the City Civil Court at Bangalore. The learned counsel for the respondent would therefore submit that the petitioner may work out her remedies before the Civil Court.

3.

Having heard the learned counsel for the petitioner and the respondents, this Court is of the considered opinion that the interest of justice would be met if the petitioner is permitted to implead herself in the matter referred by the 3rd respondent-Special Land Acquisition Officer.

4.

Therefore, this writ petition stands disposed of permitting the petitioner to make an application before the City Civil Court in the reference made by the 3rd respondent-Special Land Acquisition Officer, within a period of four weeks from today. As and when such application is made by the petitioner before the City Civil Court, the reference Court shall consider the case of the petitioner in the matter of entitlement and apportionment of the compensation amount.

Ordered accordingly.