IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6141 OF 2017 (GM-RES) BETWEEN:
MRS. DEEBA ALGHANI AGED ABOUT 29 YEARS, D/O. ZUBAIDA, DOOR NO.1-6(80), NEAR ZILLA PANCHAYATH PRIMARY SCHOOL, NADUSAL, KANCHINADKA, PADUBIDRI, UDUPI TALUK AND DISTRICT – 572 101.
(By Mr. S K ACHARYA, ADV. (ABSENT)) … PETITIONER AND:
1. THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI-576 101.
2. INDIAN STRATEGIC PETROLEUM RESERVERS LTD., (ISPRL) MINISTRY OF PETROLEUM AND NATURAL GAS, PADUR PROJECT OFFICE, PADUR, VIA KAUP-574 106, UDUPI TALUK AND DISTRICT, REPRESENTED BY ITS DEPUTY GENERAL MANAGER.
… RESPONDENTS (By Mr.V.SREENIDHI AGA FOR R1 MR.B.K.SREEDHAR ADV. FOR R2 ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO ADJUDICATE THE CLAIM REGARDING COMPENSATION AS WELL AS ENHANCEMENT OF COMPENSATION IN RESPECT OF THE SCHEDULE LAND BEING USED FOR THE POWER PROJECT BY R-2 AND TO DISBURSE THE SAID COMPENSATION AMOUNT TO THE PETITIONER FORTHWITH IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.S.k. Acharya Advocate for the petitioner.
Mr.V.Sreenidhi, learned Government Advocate for respondent No.1.
Sri.B.K.Sreedhar Advocate for respondent No.2.
2. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing respondent No.1-Deputy Commissioner, Udupi to adjudicate the claim regarding compensation as well as enhancement of compensation in respect of schedule land being used for power project by respondent No.2 and to disburse the said compensation.
3. When the matter is taken up today, learned Government Advocate has invited the attention of this Court to the order dated 30.11.2016 passed by a Bench of this Court in W.P.Nos.24181-183/2015 and has submitted that the issue involved in this writ petition is squarely covered by the aforesaid decision.
4. The aforesaid submission is not disputed by respondent No.2.
5. In view of the submissions made and in facts of the case, the Writ Petition is disposed of with a direction to the parties to appear before the Deputy Commissioner, Udupi on 11.02.2019 at 11.00 a.m. and the aforesaid authority after providing a reasonable opportunity of hearing to the parties and to adduce evidence to them, shall decide the claim of the petitioner with regard to grant of compensation, if any, within a period of six weeks thereafter. It is made clear that pending decision on the claim of the petitioners seeking compensation, shall not prevent the respondent No.2 in any manner in going ahead with the laying of transmission lines on the land in question, which is being undertaken by Karnataka Power Transmission Company Limited at the costs of respondent No.2.
Ad-interim order, if any, shall stand vacated. Accordingly, the petition is disposed of.
Sd/- JUDGE SS