IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.31267/2017 (LA – RES) BETWEEN:
K.MOHAMMAD NIYAMATHULLA S/O LATE MOHAMMED KHASIM AGED ABOUT 57 YEARS NO.195, THIMMAIAH ROAD SHIVAJINAGARA BANGALORE-560 001 …PETITIONER (BY SRI V.V.GUNJAL, ADV.) AND:
1. THE SPECIAL LAND ACQUISITION OFFICER THE COMPETENT AUTHORITY NATIONAL HIGHWAY NO.209, HONNIGANHALLI, THALGHATTA STATION NO.37, BYRAWESHWARA COMPLEX APPAJI NURSING HOME ROAD MALVALLI TALUK RAMANAGARA-571430 2. MINISTRY OF ROAD TRANSPORT AND HIGHWAYS BY ITS SECRETARY NO.1, SANSAD MARG, GOKUL NAGAR, SANSAD MARG AREA NEW DELHI-110001 …RESPONDENTS (BY SRI R.V.NAIK, ADV. FOR R-1; SRI L.HARISH KUMAR, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A RULE NISI UPON THE RESPONDENTS TO SHOW CASE AS TO WHY: a) A WRIT IN THE NATURE OF MANDAMUS SHOULD NOT BE ISSUED UPON THE RESPONDENTS COMMANDING THE RESPONDENTS PARTICULARLY THE SPECIAL LAND ACQUISITION OFFICER, THE COMPETENT AUTHORITY, NATIONAL HIGHWAY NO.209, HONNIGANHALLI THALGHATTA SECTION, MALVALLI, TO PAY COMPENSATION ALONG WITH ALL STATUTORY BENEFIT AND INTEREST IN ACCORDANCE WITH THE PROVISION OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITITATION AND RESETTLEMENT ACT 2013 IN RESPECT OF THE LANDS AS DESCRIBED IN PARAGRAPH 2 TO THIS PETITION, WHICH HAS BEEN ACQUIRED IN CONNECTION WITH PARTIAL ACQUISITION OF AND IN SY.NO.257 OF SOMANAHALLI VILLAGE, BANGALORE SOUTH VIDE ANNEXURE-A PUBLISHED IN NOTICE UNDER SECTION 3(A) PUBLISHED IN KARNATAKA GAZETTE NOTIFYING ACQUISITION LAND FOR WIDENING FOUR LANDING NATIONAL HIGHWAY NO.208 BANGALORE COIMBATORE DATED 16.05.2012 UPON MAKING AN AWARD IMMEDIATELY WITHOUT FURTHER DELAY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioner has filed a memo to withdraw the writ petition with liberty to seek enhancement against the award dated 19.10.2017 in accordance with law.
2. Learned counsel for the respondents has no objections to the same.
3. The said memo is placed on record.
Writ petition is dismissed as withdrawn with liberty as sought for.
It is needless to mention that the compensation amount in terms of the award shall be paid by the respondents in an expedite manner in any event within four weeks from the date of receipt of the certified copy of the order.
Sd/- JUDGE NC.