IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI W. P. NOs.36146 - 36192 OF 2019 (LA-RES) BETWEEN 1. K. JAVARAJAIAH S/O LATE KALAIAH AGED ABOUT 70 YEARS R/O RANGANATHAPURA VILLAGE, BOOKANKERE HOBLI KRISHNARAJAPETE TALUK MANDYA DISTRICT - 560032 2. B R VENKATARAMANASWAMY S/O LATE BIDADI RAMASHETTY AGED ABOUT 62 YEARS, 3. SIDDALINGASHETTY B E S/O LATE ERAPPA SHETTY AGED ABOUT 84 YEARS, 4. B M LINGARAJU S/O MOLLEGOWDA AGED ABOUT 45 YEARS, 5. PUTTALINGEGOWDA S/O LATE KULLEGOWDA AGED ABOUT 55 YEARS, 6. S SINGAMMA W/O LATE B N THIMMEGOWDA AGED ABOUT 70 YEARS, 7. B N REVANNA S/O LATE SHANTHAMMA W/O LATE NAGARAJU AGED ABOUT 39 YEARS, 8. RAMAKRISHNA S/O LATE CHIKKALINGEGOWDA AGED ABOUT 44 YEARS, 9. SUJATHA W/O LATE MAHADEVA AGED ABOUT 43 YEARS, 10. B V RUDRESHA S/O LATE B R VISHAKANTAIAH AGED ABOUT 60 YEARS, 11. B V SHIVAKUMARA S/O LATE B R VISHAKANTAIAH AGED ABOUT 57 YEARS, 12. SUBBANNA S/O LATE VEERABHADRASHETTY AGED ABOUT 70 YEARS 13. PALANETHRA S/O LATE SOMASHEKARAIAH AGED ABOUT 40 YEARS 14. PARAMESHA S/O LATE VEERABHADRASHETTY AGED ABOUT 65 YEARS 15. DEVARAJU S/O MOLLEGOWDA AGED ABOUT 45 YEARS 16. KEMPAMMA W/O LATE KADEGOWDA AGED ABOUT 45 YEARS 17. M MANJUNATHA S/O LATE MATEGOWDA AGED ABOUT 55 YEARS 18. B M PRAKASHA S/O LATE MAGGUSHETTY AGED ABOUT 45 YEARS 19. KUMARA S/O LATE MAGUSHETTY AGED ABOUT 55 YEARS 20. THIRUMALEGOWDA S/O LATE SANNABUDEEGOWDA AGED ABOUT 75 YEARS 21. PRABHAKARA A N S/O LATE NINGEGOWDA AGED ABOUT 55 YEARS R/O PETET ARALAKUPPE VILLAGE BOOKANAKERE HOBLI, KRISHNARAJAPETE TALUK MANDYA DISTRICT-560003 22. KEMPAMMA W/O LATE NANJEGOWDA AGED ABOUT 75 YEARS 23. NAGANANA S/O LATE VENKATARAMANASWAMY A AGED ABOUT 65 YEARS 24. B V RAMESHA S/O LATE VENKATARAMANASWAMY AGED ABOUT 57 YEARS 25. B R SHYAAMPRASAD S/O LATE K RAMASWAMY AGED ABOUT 44 YEARS 26. YOGENDRA S/O LATE KARIGOWDA AGED ABOUT 55 YEARS 27. B K JANARDHANA S/O LATE KRISHNASHETTY AGED ABOUT 52 YEARS 28. B K NARAYANASWAMY S/O LATE KRISHNASHETTY AGED ABOUT 68 YEARS 29. RAMASWAMY S/O LATE NARASIMHASWAMYSHETTY AGED ABOUT 74 YEARS 30. RANGARAJU S/O LATE MARISHETTY AGED ABOUT 45 YEARS 31. SHIVARMAU S/O LATE NINGAPPA AGED ABOUT 48 YEARS 32. B M NAGARAJU S/O MOLLEGOWDA AGED ABOUT 59 YEARS 33. SHYAMALA PALANETHRA W/O LATE PALANETHRA AGED ABOUT 65 YEARS 34. B.R. JAGADEESHA S/O LATE B.R. RANGASHETTY AGED ABOUT 48 YEARS 35. RADHAMMA W/O LATE B.R. RANGASHETTY AGED ABOUT 474 YEARS 36. BALASUBRAMANYA S/O LATE NARAYANASHETTY AGED ABOUT 36 YEARS 37. RANGAMMA W/O H KUNTASINGRISHETTY AGED ABOUT 78 YEARS 38. D. VEDAVATHI W/O B.M. NAGARAJU AGED ABOUT 45 YEARS 39. NAGASHETTY S/O LATE MAGGASHETTY AGED ABOUT 64 YEARS 40. B. CHANDRAKALA D/O LATE B.N. BOREGOWDA AGED ABOUT 52 YEARS 41. B.CHAMPA D/O LATE B.N.BOREGOWDA, AGED ABOUT 42 YEARS 42. NARASIMHEGOWDA S/O LATE CHALUVEGOWDA, AGED ABOUT 74 YEARS 43. NAGARAJU S/O CHANNEGOWDA, AGED ABOUT 46 YEARS 44. HOMBALAMMA @ SHUSHEELAMMA W/O CHANNEGOWDA, AGED ABOUT 65 YEARS 45. MANONMANI W/O LATE SUBBAKRISHNASHETTY AGED ABOUT 68 YEARS 46. KUNTASINGRASHETTY S/O LATE CHALUVASHETTY @ HANUMANTHASHETTY, AGED ABOUT 80 YEARS 47. PUTTAMURTHY S/O LATE CHLUVASHETTY @ HANUMANTHASHETTY, AGED ABOUT 75 YEARS ALL THE PETITIONERS NO.2 TO 20 & 22 TO 47 ARE THE PERMANENT RESIDENTS OF BOOKANAKERE VILLAGE,BOKANAKERE HOBLI K R PET TALUK MANDYA DISTRICT ... PETITIONERS (By Sri DHANANJAYA V S, ADVOCATE) AND 1. THE ASSISTANT EXECUTIVE ENGINEER KAVERI NEERAVARI NIGAMA LTD #23, H.L.B. C SUB DIVISION, BOOKANAKERE, KRISHNARAJAPETE TALUK, MANDYA DISTRICT-571 423 2. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONER OFFICE, 1ST FLOOR, MANDYA, MANDYA DISTRICT-571 401 3. DEPUTY COMMISSIONER MANDYA DISTRICT – 571401 ... RESPONDENTS (By Sri E.S. INDIRESH, AGA) *** THESE WRIT PETITIONS ARE FILED UNDER SECTION 226 OF THE CONSTITUTION OF INDIA AND PRAYING TO DIRECT TO THE R-1 TO SUBMIT THE PROPOSALS FOR THE PAYMENT OF ALL KINDS OF COMPENSATIONS TO THE PETITIONERS IN RESPECT OF THIER LANDS, TREES, CROPS AND OTHER DAMAGES FROM THE DATE OF TAKING POSSESSION OF THE LANDS, WITHOUT NOTIFICATION THE LANDS HAVE BEEN ACQUIRED AND POSSESSION WAS TAKEN AND DIRECT TO THE R-2 AND 3 TO PAY THE ALL KINDS OF COMPENSATIONS TO THE PETITIONERS IN RESPECT OF THEIR LANDS, TREES, CROPS, AND OTHER DAMAGES FROM THE DATE OF TAKING POSSESSION OF THE LANDS, AS PER THE NEW LAND ACQUISITION ACT NO.30/2013, ETC., THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER State counsel accepts notice for respondents.
2. Petitioners have sought for the following reliefs:
“(1) Issue a writ of mandamus or similar writ or order or any directions to the respondent No.1 to submit the proposal for the payment of all kinds of compensations to the petitioners in respect of their lands, trees, crops and other damages from the date of taking possession of the lands, without notifications the lands have been acquired and possession was taken.
(2) Issue a writ of mandamus or similar writ or order or any directions to the respondent Nos.2 and 3 to pay all kinds of compensations to the petitioners in respect of their lands, trees, crops and other damages from the date of taking possession of the lands as per the new Land Acquisition Act No.30/2013.”
2. The respondent No.3 - Deputy Commissioner, Mandya District has not taken any decision on the grievances of the petitioner despite receipt of their representations.
3. Therefore, the respondent No.3 is hereby directed to pass a speaking order on petitioners’ representation and communicate the said decision to each of the petitioner. The said exercise shall be completed within eight weeks from the date of receipt of the copy of this order.
4. Accordingly, these writ petitions are disposed off.
Sd/- JUDGE VK