IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION No.4274 OF 2016 (LA-RES) Between:
Smt.Chandramma W/o Late Kalegowda, Aged about 50 years, R/at Chikkagondanahalli Village, Kasaba Hobli, Channarayapatna Taluk, Hassan District.
(By Sri.Somashekar Angadi, Advocate) And:
1. The Director Planning of National Highway Authority NH-48, Bengaluru – 560 040.
2. Special Land Acquisition Officer and competent authority National Highway Nelamangala, Hassan Division, Kunigal, Tumkur District – 572 125.
3. Technical Manager National Highway Authority, Kunigal, Tumkur District – 572 125.
…Petitioner 4. The Union Government of India Department of National Highway New Delhi, Represented by its Secretary.
(By Sri.R.V.Naik & Sri.M.V.Kini, Advocates for R1 to R3; Sri.Madanan Pillai .R, Advocate for R4) ...Respondents This Writ Petition is filed under Articles 226 and 227 of Constitution of India, praying to direct the respondents to consider a representations dated 25.07.2013, 19.08.2013 and 03.03.2014 vide Annexures- H1 to H3.
This Writ Petition is coming on for Preliminary Hearing ‘B’ Group, this day, the Court made the following:-
ORDER In the instant petition, the petitioner has sought for following reliefs:
a) To issue a writ of mandamus, directing the respondents to consider a representations dated 25.07.2013, 19.08.2013 and 03.03.2014 vide Annexures H1 to H3.
b) To issue a writ of mandamus, directing the respondents to pass award in respect of additional land measuring 1010 sq.ft in Sy.no.76/1 situated at Chikkagondanahalli Village, Kasaba Hobli, Channarayanapatna Taluk and to fix the present market value.:
c) To issue any other orders or order deems fit under the facts and circumstances of the case, in the interest of justice and equity.:
2. Respondents have not disputed relating to acquisition of land bearing Sy.no.76/1 of Chikkagondanahalli, Kasaba Hobli, Channarayapatna Taluk to the extent of 1010 sq.mtrs in the guise of expanding National Highway No.48, while such action of the respondents are without following the due procedure of land acquisition proceedings. Abruptly, respondents have acquired the aforesaid extent of land in the year 2011. Till date, the petitioners have not been extended compensation.
3. On the other hand learned counsel for the respondents has pointed out from Annexure R1 that notice was issued to the petitioner to appear on 08.12.2015 at 11.00 A.M in the office of the Land Acquistion Officer cum competent authority, Kunigal for settlement (consent award). The learned counsel for the petitioner submitted that proposal as on that day was with reference to compensation/market value in the year 2011 and not with reference to current market value . The 2nd respondent has exceeded his jurisdiction in not notifying the land acquisition proceedings before taking possession to an extent of 1010 sq.mtrs in Sy.no.76/1 of Chikkagondanahalli of the petitioner. Consequently, the 2nd respondent is hereby directed to fix the date of consent award for the current market value to be extended to the petitioner.
4. The petitioner is hereby directed to approach the 2nd respondent with reference to date of notice to be issued by 2ndrespondent for consent award. If the petitioner is not satisfied with consent award, he may accept such consent award under protest and he is permitted approach this Court. The 2nd respondent action in taking possession in the absence of land acquisition proceedings, such action is illegal and highly arbitrary. Therefore, writ petition stands allowed with a cost of Rs.25,000/-. Costs shall be paid to the petitioner by 2nd respondent within a period of eight weeks from the date of receipt of copy of this order.
Sd/- JUDGE UN