IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NOS.28104-28116 OF 2019 (LA-RES) Between:
1. C.J.Nandakumara S/o Late. Javaraiah, Aged about 50 years, 2. Krishnaiah, S/o Late. Kalaiah, Aged about 60 years, 3. Nanju.
S/o Late. Basavaiah, Aged about 50 years, 4. Basavaraju, S/o Late. Basavaiah, Aged about 55 years, 5. Sannajavaramma, W/o Late. Javaraiah, Aged about 55 years, 6. Nanju, S/o Late. Kalaiah, Aged about 60 years, 7. Saraswathamma, W/o Late. Gavirangaiah, Aged about 65 years, 8. C.K.Shankara, S/o Late. Kalaiah, Aged about 55 years, 9. Deveeramma, W/o Late. Poojekalaiah, Aged about 65 years, 10. Deveeramma, W/o Late. Marikempana Basavaiah, Aged about 55 years.
11. Chandrasekara, S/o Late. Ningaiah, Aged about 50 years, 12. Boraiah, S/o Late. Gende Basavaiah, Aged about 70 years, 13. Maribettamma, W/o Late. Maribasavaiah, Aged about 65 years, All are the residents of Vadakeshettahally Village, Bookanakere Hobli, Krishnarajapet Taluk, Mandya District-573 201.
…Petitioners (By Sri. Dhananjaya V.S, Advocate) And:
1. The Assistant Executive Engineer, Kaveri Neeravari Nigama Ltd., No.23, H.L.B.C Sub-Division, Bookanakere, Bookanakere Hobli, Krishnarajapete Taluk, Mandya District-573 201.
2. The Special Land Acquisition Officer, Deputy Commissioner Office, 1st Floor, Mandya, Mandya District-571 401.
3. Deputy Commissioner, Mandya District, Mandya-571 401.
...Respondents (By Sri E.S.Indiresh, AGA for R1 to R3) These Writ Petitions filed under Article 226 of Constitution of India, praying to issue directions to the respondent No.1 to submit the proposals for the payment of all kinds of compensations to the petitioners in respect of their lands, crops, Horticultural trees and other damages from the date of taking possession of the lands in which without notifications the lands acquired and possessions was taken as per the annexure-B and E and etc., These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER The State counsel accepts notice for respondents No.1 to 3.
In the instant petition, petitioner has sought for following relief:
1. Issue a writ of mandamus or similar writ or order or any directions to the respondents No.1 to submit the proposals for the payment of all kinds of Compensations to the petitioners in respect of their Lands, Crops, horticultural trees and other damages from the date of taking possession of the lands in which without notifications the lands acquired and possession was taken as per the annexure-B and E.
2. and also issue a writ of mandamus or similar writ or order or directions to the respondents No.2 and 3 to pay the all kinds of compensations to the petitioners in respect of the lands, Crops, horticultural trees and other damages from the date of taking possession of the lands, as per the new land acquisition Act No.30/2013 as per the Annexure-B and E.
2. Concerned respondents have not taken any action on the petitioner’s grievance till date. Therefore, concerned respondent-No.3 - Deputy Commissioner, is hereby directed to take appropriate decision in accordance with law and pass a speaking order and communicate the same to the petitioner within a period of four weeks from the date of receipt of this order.
Sd/- JUDGE ag