IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.15520/2019 (LA – KIADB) BETWEEN :
1. Mr. JEMCY PONNAPPA C.P., S/O C.P.POONACHA, AGED ABOUT 60 YEARS 4TH BLOCK, BYPASS ROAD, KUSHALNAGAR, SOMAWARPET TALUK, KODAGU DISTRICT REP. BY HIS GPA HOLDER, Mr. ARJUN BALASUBRAMANYAM, S/O K.N.BALASUBRAMANYAM, AGED ABOUT 35 YEARS 45, 11TH MAIN, 13TH CROSS, MALLESHWARAM, BANGALORE-560 003.
2. M/s THE CASUBA INFRASTRUCTURE & DEVELOPMENT COMPANY, OFFICE NO.14, SRI NIKETAN, NANDI DURGA CROSS ROAD, BENSON TOWN, BANGALORE-560 046 REP. BY ITS PARTNER, Mr. ARJUN BALASUBRAMANYAM, S/O K.N.BALASUBRAMANYAM, 45, 11TH MAIN, 13TH CROSS, MALLESHWARAM, BANGALORE-560 003. ...PETITIONERS (BY SMT.LEELA P. DEVADIGA, ADV.) AND :
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPT. OF COMMERCE AND INDUSTRIES M.S.BUILDING, BANGALORE-560 001.
2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, KANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001 BY ITS CHIEF EXECUTIVE OFFICER.
3. THE SPECIAL LAND ACQUISITION OFFICER K.I.A.D.B. REGIONAL OFFICE, BYKAMPADY INDUSTRIAL AREA, NEW MANGALORE-575 011 4. THE DEPUTY COMMISSIONER K.I.A.D.B. REGIONAL OFFICE, BYKAMPADY INDUSTRIAL AREA, NEW MANGALORE-575 011 …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA FOR R-1;
SRI GOPAL V. BILALMANE, ADV. FOR R-1 TO R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PASS GENERAL AWARD AND PAY THE COMPENSATION TO THE PETITIONERS FOR THE LANDS ACQUIRED FROM THEM AT THE EARLIEST IN TERMS OF THE PREVAILING LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Aggrieved by the inaction of respondent Nos.2 and 3 in not considering the representations submitted by the petitioners dated 1.3.2019 and 8.3.2019, the petitioners are before this Court.
2. The petitioner No.1 is claiming to be the owner of the converted land from agricultural to non agricultural residential purpose totally measuring 26.41 acres situated at Mulur Village, Gurupura Hobli, Mangalore Taluk, Dakshina Kannada District and 22.55 acres in different survey numbers situated at Kandavara village, Gurupura Hobli, Mangalore Taluk, Dakshina Kannada District, as mentioned in para.1 of the writ petition.
3. The 2nd petitioner is claiming to be the owner of the converted lands from agricultural to non agricultural residential purpose in Sy.No.49/A6 measuring 0.65 cents and Sy.No.49/A8 measuring 0.25 cents of Mulur village, Gurupura Hobli, Mangalore Taluk, Dakshina Kannada District.
4. It is the contention of the petitioners that the said lands were acquired by the respondent No.1 for the purpose of development by the Karnataka Industrial Areas Development Board (for short ’Board’), more so for 4th phase expansion of Mangalore Refineries and Petro Chemicals Limited for expanding its production unit including setting up units for production of BS VI grade fuel. It is the grievance of the petitioners that the value of the land has not been fixed and the compensation has not been paid to the land losers so far. In the circumstances, the petitioners have submitted representations before the respondent No.3 seeking for awarding of General award for having acquired their land. There being no response, the petitioners are before this Court.
5. It is needless to mention that the petitioners are entitled to compensation for their lands being acquired in accordance with law subject to their rights. Utilisation of the properties of the petitioners without paying the compensation by the respondents is in violation of the constitutional mandate guaranteed under Article 300-A of the Constitution of India. In the circumstances, the Board respondent Nos.2 and 3 are obligated to consider the representations of the petitioners and take a decision in accordance with law. The same having not been done, this Court deems it appropriate to direct the respondent Nos.2 and 3 to consider the representations dated 1.3.2019 and 8.3.2019 submitted by the petitioners herein and take a decision in accordance with law, in an expedite manner, preferably within a period of 12 weeks from the date of receipt of certified copy of the order. Ordered accordingly.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: