IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.29315/2017 (LA-KIADB) BETWEEN:
K. SURESH, S/O LATE P. KRISHNAPPA, SAMUKHA FARMS, HAROHALLI, MEDAMARENHALLI, HAROHALLI, BIDADI, KANAKAPURA TQ, BANGALORE DISTRICT, PERMANENTLY RESIDING AT NO.15, 5TH MAIN, 5TH BLOCK, JAYANAGAR, BANGALORE 560012. ... PETITIONER (BY SRI CHANDRAKANTH R. GOULAY, ADVOCATE) AND:
1. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS COMMISSIONER, NRUPATHUNGA ROAD, BANGALORE-560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER (I), KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, 4TH FLOOR, OPP. RBI, NRUPATHUNGA ROAD, BANGALORE 560001. ... RESPONDENTS (BY SRI H. L. PRADEEP KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE FORCIBLE ACQUISITION / UTILISATION OF LAND OF THE PETITIONER TO THE EXTENT OF 56 FEET X 63 FEET [3528 SQFT] FOR FORMATION OF ROAD HAROHALLI INDUSTRIAL AREA PHASE-I LEADING TOWARDS HAROHALLI AND BIDADI ROAD AS WELL AS FELLING OF NEARLY ABOUT 20 SILVER OAK TREES AND 5 FULLY GROWN TEAK WOOD TREES WHICH ARE MORE THAN 20 YEARS OLD, AS ILLEGAL AND VOID AND IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Chandrakanth R. Goulay, learned counsel for the petitioner.
Sri H. L. Pradeep Kumar, the learned counsel for the respondents.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
(i) declare the forcible acquisition/utilisation of land of the petitioner to the extent of 56 feet x 63 feet [3528 sq.ft.] for formation of road Harohalli Industrial Area Phase-I leading towards Harohalli and Bidadi Road as well as felling of nearly about 20 silver oak trees and 5 fully grown teak wood trees which are more than 20 years old, as illegal and void and in violation of principles of natural justice.
(ii) Issue a writ of mandamus directing the respondents to consider the representation made by the petitioner as per Annexure-C dated 16.12.2016 and to pass appropriate suitable order at the earliest possible time and to consider the claim of the petitioner for payment of compensation in a sum of Rs.35,28,000 being the value of land to the extent of acquired/utilized and Rs.2,00,000 being the value of trees and to release the same along with interest from the date till payment and to pass appropriate suitable orders in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the respondents have forcibly acquired the land of the petitioner measuring 56 ft. x 63 ft. for formation of road without payment of any compensation. Being aggrieved by the same, the petitioner has submitted a representation dated 16.12.2016 vide Annexure-C. The learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the competent authority of the respondents to consider and decide the representation dated 16.12.2016 submitted by the petitioner, in accordance with law with regard to the payment of compensation.
5. On the other hand, learned counsel for the respondents submitted that suitable action in accordance with law, on the representation submitted by the petitioner shall be taken.
6. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority of the respondents to consider and decide the representation submitted by the petitioner, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on merits of the case.
8. Accordingly, the writ petition is disposed of.
Sd/- JUDGE MD