IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.4603 OF 2018 (LA-RES) BETWEEN:
CHANNABASAPPA S/O.LATE BASAPPA AGED ABOUT 49 YEARS R/O.GADIKOPPA VILLAGE SHIVAMOGGA TALUK SHIVAMOGGA DIST-577 201. PETITIONER (BY SRI.K.B.LOKANATH, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT VIKAS SOUDHA BENGALURU-560 001 2. THE SPECIAL LAND ACQUISITION OFFICER UPPER TUNGA PROJECT SHIVAMOGGA-577 201 3. KARNATAKA NEERAVARI NIGAMA LTD., UPPER TUNGA PROJECT SHIVAMOGGA-577 201 BY ITS EXECUTIVE ENGINEER ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1 & R2 R3 SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD: 28.10.2017 ISSUED BY THE RESPONDENT NO.2 SPECIAL LAND ACQUISITION OFFICER, UPPER THUNGA PROJECT, SHIVAMOGGA PERTAINS TO LAND IN SY.NO.43/2 MEASURING 17 GUNTAS SITUATED AT GADIKOPPA VILLAGE, SHIVAMOGGA TALUK AND DISTRICT IS PRODUCED AT ANNEXURE-D AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for the following reliefs:
(1) ISSUE a Writ in the nature of certiorari to quash the Endorsement dtd.28.10.2017 in No. vÀÄAªÉÄÃAiÉÆÃ/¨sÀÆ.¸Áé-35/1996-97 issued by the Respondent No.2 Special Land Acquisition Officer, Upper Thunga Project, Shivamogga pertains to land in Sy.No.43/2 measuring 17 guntas situated at Gadikoppa Village, Shivamogga Taluk & District is produced at Annexure – D.
(2) Issued a Writ in the nature of Mandamus to direct the Respondents to pay compensation to the Petitioner for the land acquired for the Upper Thunga Project.
(3) ISSUE a Writ, order or direction as this Hon’ble Court deems fit, under the facts and circumstances, in the interest of justice and equity.
2. The undisputed facts are that pursuant to Section 4(1) notification dated 27.01.2001, petitioner’s father’s land in Sy.No.43/2 to the extent of 17 guntas is stated to have been acquired under the Upper Thunga Project, Shivamogga. Even though award has been passed, compensation has not been paid. Thus, petitioner had approached the Special Land Acquisition Officer (Spl LAO). As the Special Land Acquisition Officer has issued an endorsement on 28.10.2017 stating that the land stated to be acquired land in Sy.No.43/2 to the extent of 17 guntas is a Government Land. Therefore, petitioner is not entitled for compensation.
3. Perusal of Annexure ‘D’ endorsement dated 28.10.2017, it is not crystal clear as to what is the material considered by the Spl. LAO to arrive at the conclusion that the aforesaid land is a Government Land. It is to be noted that Section 4(1) notification was passed in the year 2001. Till date, petitioner’s grievance is yet to attain finality. In view of the unreasoned endorsement dated 28.10.2017, it is to be set-aside. Accordingly, it is set-aside. The Special LAO is hereby directed to issue a show cause notice to the petitioner with all materials to establish that Sy.No.43/2 to an extent of 17 guntas is a Government land. Thereafter, petitioner is permitted to file his objections along with necessary documents. Thereafter, oral hearing shall be given to the petitioner and then Spl.LAO is hereby directed to take approporiate decision while passing a speaking order after due consideration of the petitioner’s contention as well as relevant documents to be submitted. The above exercise shall be completed within a period of 4 months from the date of receipt of this order.
With the above observations, petition stands allowed.
Sd/- JUDGE Brn