IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.57643 OF 2018(GM-FOR) Between:
M/s. Aji Engineering, Having its office at No.17/99, 20th Main, 2nd Block, Rajajinagar, Bengaluru-560 010, Represented by its Proprietor Mr.A.R.Venkatesh Aged about 70 years.
(By Smt. Manjula K.S, Advocate) And:
… Petitioner 1. The Inspector General of Forests and Chief Executive Officer Ad-hoc Compensatory Afforestation Fund Management and Planning Authority(CAMPA), 4th Floor, Block No.3, CGO Complex New Delhi-110 003.
2. Ministry of Environment, Forests and Climate Change, Regional Office(Southern Zone) Kendriya Sadan, IV Floor, E & F Wing, 17th Main Road, II Block, Koramangala, Bengaluru-560 034.
3. The Additional Chief Secretary to Government of Karnataka Forest, Ecology & Environment Department M.S.Building, Dr. Ambedkar Veedhi, Bengaluru-560 001.
4. The Principal Chief Conservator of Forests(HoFF), Forests Department Government of Karnataka Aranya Bhavan, 18th Cross, Malleshwaram, Bengaluru-560 003.
…Respondents (By Sri. Chidananda P, Advocate for R1 & R2;
Sri. Vijay Kumar A. Patil, AGA R3 & R4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to act as per law and on the representations dated 01.06.2018 in Annexure-B by the petitioner to the respondents and direct them to make payment of Rs.44,50,686/- (Rupees Forty four lakh fifty thousand six hundred and eighty six only) being the interest on the deposit made by the petitioner with the respondents.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Smt.Manjula.K.S., learned counsel for the petitioner.
Sri.Chidananda.P, learned counsel for respondent Nos.1 and 2.
Sri.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.3 and 4.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for a writ of mandamus directing the respondents to decide the representation dated 01.06.2018.
3. When the matter was taken up today, learned counsel for the petitioner submitted that an amount of Rs.44,50,686/- was paid to the petitioner belatedly and therefore, the petitioner is entitled to interest on the aforesaid amount and in this regard the petitioner has submitted a representation dated 01.06.2018 to respondent No.4 and the aforesaid authority be directed to decide the same by a speaking order in a time bound manner. It is further submitted that the respondents are under a statutory obligation to make payment of interest on the delayed period under the provisions of the Compensatory Afforestation Fund Act, 2016 (hereinafter referred to as the ‘Act’ for short).
4. On the other hand, learned Additional Government Advocate submitted that the petitioner has the remedy of filing a civil suit and the petitioner should approach the trial Court by filing a civil suit. It is further submitted that Annexure-D is a legal notice issued by the counsel and therefore, writ of mandamus cannot be issued.
5. I have considered the submissions made by learned counsel for the parties.
6. In view of the assertion made by learned counsel for the petitioner that petitioner is entitled to interest under the Act and in the facts of the case, I deem it appropriate to direct that in case the petitioner submits a fresh representation to the competent authority with regard to non payment of interest under the Act, within a period of two weeks from the date of receipt of the certified copy of the order passed today, the competent authority shall decide the same in the light of the provisions of the Act by a speaking order within a period of three months from the date of receipt of such representation.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-