JAYALAKSHMAMMA v. THE STATE OF KARNATAKA

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.13785 OF 2024 (Arising out of SLP(C) No.12362/2022)

1. Leave granted.

2. The appellants are owners of land measuring 1 acre

23 guntas in Survey No.237/2B and land measuring 37.5

guntas in Survey No.238/2 in Hinkal Village, District

Mysore, Karnataka. The aforesaid land was proposed to be

acquired vide notification dated 01.04.1981 issued under

Section 16 of the City of Mysore Improvement Act, 1903

(in short, the “CITB Act”), which is corresponding to

Section 4 of the Land Acquisition Act, 1894 (in short,

the “1894 Act”) and Section 6 of the 1894 Act.

3. An award was passed on 21.04.1986. It is, however,

an admitted fact that the compensation amount was neither

offered to the expropriated land owners nor deposited

before the Reference Court.

4. According to the appellants, physical possession of

the acquired land was also not taken and there are

several dwelling houses, commercial premises, poultry

farm, 64 coconut trees, 50 teak-wood trees, 30 silver

oaks, 10 jack fruit trees, 21 tamarind trees and 20

arecanut nut trees, along with a bore well that exist at

the acquired land.

5. On the other hand, learned counsel for the

respondents strongly refutes the appellants’ claim

regarding rete...