IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION No.7358/2017 (LA – RES) BETWEEN:
SHRI. H G NAGARAJ S/O H N GOPALAKRISHNARAO AGED ABOUT 73 YEARS R/AT NO.1583, 9TH MAIN ROAD, SRINIVASANAGARA, BANASHANKARI 1ST STAGE, BENGALURU-560 085 …PETITIONER (BY SRI H.R.ANANTHAKRISHNAMURTHY, ADV.) AND:
NATIONAL HIGHWAYS SUB DIVISION OF INDIA OFFICE AT NRUPATHUNGA ROAD, BENGALURU-560 001 REP.BY ITS EXECUTIVE ENGINEER …RESPONDENT (BY SRI E.S.INDIRESH, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT TO PAY FAIR COMPENSATION AS IS ENJOINED UNDER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013 OR DIRECT RESPONDENT TO HANDOVER THE UTILIZED PORTION TO PETITIONER FORTHWITH ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R In the instant petition, petitioner has sought following reliefs;
a) Issue a writ or order directing the respondent to pay fair compensation as is enjoined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or directing the respondent to handover the utilized portion to the petitioner forthwith, and b) For costs and any other relief as this Hon’bl’e Court may deem fit, in the interest of justice.
2. Learned counsel for the respondent submitted that respondent has not issued any acquisition notification in respect of the petitioner’s property and so also they have not encroached upon the petitioner’s property. If the petitioner still aggrieved, he has remedy before the appropriate forum.
3. Accordingly, writ petition stands disposed of.
Sd/- JUDGE MSU.