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Kempamma And Others vs The Assistant Executive Engineer And Others

High Court Of Karnataka|28 August, 2019
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JUDGMENT / ORDER

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.28054-28065 OF 2019 (LA-RES) BETWEEN 1. KEMPAMMA S/O. LATE. JAVAREGOWDA, AGED ABOUT 70 YEARS 2. NINGAJAMMA W/O LATE DODDEGOWDA, AGED ABOUT 75 YEARS 3. KRISHNEGOWDA S/O LATE DODDEGOWDA, AGED ABOUT 50 YEARS 4. CHANDREGOWDA S/O LATE DODDEGOWDA, AGED ABOUT 56 YEARS 5. SWAMYGOWDA S/O CHIKKEGOWDA, AGED ABOUT 50 YEARS 6. CHIKKEGOWDA S/O. LATE. CHIKKEGOWDA, AGED ABOUT 55 YEARS 7. SHIVEGOWDA S/O. LATE. CHIKKEGOWDA, AGED ABOUT 60 YEARS 8. SUBBEGOWDA S/O. MOLLEGOWDA, AGED ABOUT 55 YEARS 9. MANJEGOWDA S/O. LATE. KODIGOWDA, AGED ABOUT 55 YEARS 10. SHIVEGOWDA S/O. LATE. MOLLEGOWDA, AGED ABOUT 55 YEARS 11. JAVARAMMA W/O. LATE. CHANDREGOWDA, AGED ABOUT 55 YEARS 12. SHIVANANJAPPA S/O. LATE. SIDDEGOWDA, AGED ABOUT 60 YEARS AND ALL THE ABOVE PETITIONERS ARE THE RESIDENTS OF BEEKANAHALLY VILLAGE, AKKIHEBBALU HOBLI, KR PET TALUK, MANDYA DIST. 571426 ... PETITIONERS (By Sri DHANANJAYA.V.S., ADVOCATE) 1. THE ASSISTANT EXECUTIVE ENGINEER, KAVERI NEERAVARI NIGAMA LTD., #4, HRBC SUB-DIVISION DODDAKADANURU VILLAGE, HALLY MYSORE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT 573201 2. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONERS OFFICE 1ST FLOOR, HASSAN, HASSAN DISTRICT 573401 3. DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA – 571 401 ... RESPONDENTS (By Sri E S INDRESH, AGA) *** THESE WPs ARE FILED PRAYING TO ISSUE A WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDER OR ANY DIRECTION TO THE R-1 TO SUBMIT THE PROPOSALS FOR THE PAYMENT OF ALL KINDS OF COMPENSATIONS TOTHE PETITIONERS IN RESPECT OF THIER LANDS, CROPS, HORTICULTURAL TREES AND OTHER DAMAGES FROM THE DATE OF TAKING POSSESSION OF THE LANDS IN WHICH WITHOUT NOTIFICATIONS THE LANDS ACQUIRED AND POSSESSION WAS TAKEN AS PER THE ANNEXURE-B, REPRESENTATION DT. 4.7.16 & ANN.E DT. 6.10.17; AND DIRECT TO THE R-2 AND 3 TO PAY THE ALL KINDS OF COMPENSATIONS TO THE PETITIONERS IN RESPECT OF THE LANDS, CROPS, HORTICULTURAL TREES AND OTHER DAMAGES FROM THE DATE OF TAKING POSSESSION OF THE LANDS AS PER THE NEW LAND ACQUISITION ACT NO.30/2013 AS PER THE ANNEXURE-B AND E, 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 direction to the R1 to submit the proposals for the payment of all kinds of compensations to the petitioners in respect of their lands, crops, horticultural trees and other damages from the date of taking possession of the lands in which without notifications the lands acquired and possession was taken as per the Annexure-B, representation dt. 4.7.16 and Ann,E dt. 6.10.17;
(2) And also Issue a writ of mandamus or similar writ or order or any direction to the R-2 and 3 to pay the all kinds of compensations to the petitioners in respect of the lands, crops, horticultural trees and other damages from the date of taking possession of the lands as per the new land acquisition act no.30/2013 as per the annexure-B and E.”
2. The concerned respondent is hereby directed to take decision on the petitioners’ grievances stated in his representations and pass a speaking order, whether the petitioners are entitled to any compensation as sought for in their representation or not. Such a speaking order shall be communicated to each of the petitioners at the earliest. 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
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Title

Kempamma And Others vs The Assistant Executive Engineer And Others

Court

High Court Of Karnataka

JudgmentDate
28 August, 2019
Judges
  • P B Bajanthri