IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.3858 – 3859/2018 (LA – RES) BETWEEN :
1. SMT.JAYAMMA W/O VARADAIAH, D/O LATE NARASANNA AGED ABOUT 65 YEARS 2. SRI JAYANNA S/O LATE NARASANNA, AGED ABOUT 60 YEARS BOTH ARE R/AT RAMEGOWDANAPALYA, SIRIVARA VILLAGE, HEBBUR HOBLI, TUMKUR TALUK & DISTRICT ...PETITIONERS (BY SRI V.RANGA RAMU, ADV.) AND :
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, Dr. AMBEDKAR VEEDHI, BENGALURU-01 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, MINI VIDHANA SOUDHA, TUMKUR DISTRICT-572101 3. THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION TUMKUR DISTRICT-572101 4. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL DIVISION TUMKUR TOWN TUMKUR DISTRICT-572101 5. THE ASSISTANT EXECUTIVE ENGINEER NO.10, HEMAVATHI CANAL SUB DIVISION KAVERI NIRAVARI NIGAMA, NAGAVALLI, HEBBUR HOBLI TUMKUR TALUK & TUMKUR DISTRICT-572101 …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GRANT THE COMPENSATION/AWARD AMOUNT TO THE PETITIONERS HEREIN, FOR HAVING ACQUIRED THE LANDS IN RESPECT OF LANDS, MEASURING 1 ACRE 30 GUNTAS BELONGS TO FIRST PETITIONER IN SY.NO.58 AND 59 [ONE ACRE IN SY.NO.58 & 30 GUNTAS IN SY.NO.59] AND IN RESPECT OF LAND MEASURING 38 GUNTAS IN SURVEY NUMBER 59 BELONGS TO P-2 HEREIN, SITUATED AT SIRIVARA VILLAGE, HEBBUR HOBLI, TUMKUR TALUK AND DISTRICT, FOR THE FORMATION OF HEMAVATHI CANAL AT THE RATE OF PRESENT MARKET VALUE AND AT THE RATE OF 18% INTEREST PER ANNUM TO THE PRINCIPAL AMOUNT.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the parties.
2. The petitioners are aggrieved by the inaction of the respondents in not considering the request of the petitioners for grant of compensation/award amount for having acquired the lands in question for the formation of Hemavathy Canal.
3. It is not in dispute that the petitioners have in the earlier round approached this court in W.P.Nos.23669 and 24226/2000 wherein the respondents were directed to consider the request of the petitioners. But the respondents having failed to comply with the order of this court, the petitioners are compelled to approach this court again.
4. Considering the facts and circumstances of the case, this court deems it appropriate to direct the respondents to consider the directions issued by this court in W.P.Nos.23669 and 24226/2000 (D.D.26.07.2001) and take a decision in accordance with law. This exercise shall be done by the respondent Nos.4 and 5 in an expedite manner, in any event, not later than 12 weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE Dvr: