IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.53824-53825/2018 (LA-RES) BETWEEN 1. M.H.Lakkegowda S/o late Hanumegowda, Aged about 65 years, (Senior Citizens’ benefits not claimed) 2. Chandramma W/o Lakkegowda, Aged about 65 years, (Senior Citizens’ benefits not claimed) Both are the residents of Mattikere Village, Bookanakere Hobli, Krishnarajapete Taluk, Mandya District – 571812. …Petitioners (By Sri V.S.Dhananjaya, Advocate) AND 1. The Assistant Executive Engineer, Kaveri Neeravari Nigama Ltd., #10, H.L.B.C Sub-Division, Bookanakere Village, Bookanakere Hobli, Krishnarajapete Taluk, Mandya District – 571812.
2. The Special Land Acquisition Officer, Deputy Commissioner Office, 1st floor, Mandya, Mandya District – 571401.
3. Deputy Commissioner, Mandya District – 571401. …Respondents (By Sri Dildar Shiralli, HCGP) These writ petitions are filed under Article 226 of the Constitution of India praying to issue directions to the R-1 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 land acquired and possession was taken and etc., These writ petitions coming on for Preliminary Hearing this day, the court made the following:-
ORDER The petitioners claiming to be the land losers in acquisition are before this Court seeking a Writ of Mandamus to the respondents to pay to them the compensation and also extend the package benefits as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act of 2013. They complain that though they have made several representations, the answering respondents have not considered the same and that there is no justification whatsoever for such non-consideration.
2. Sri Dildar Shiralli, learned High Court Government Pleader on request having accepted notice for the respondents, submits that the credentials of the petitioners as to they being the land losers in the subject acquisition need to be ascertained and there would be no impediment for consideration of the petitioners representations seeking the benefit as mentioned above in accordance with law, if a reasonable period is prescribed. Petitioners have placed some material on record to prima facie show that their lands have been acquired. However, this is a matter to be gone into by the official respondents.
3. In the above circumstances, these writ petitions succeed; a Writ of Mandamus issues to the respondents to consider the representations/claim of the petitioners for grant of monetary and other rehabilitatory benefits in accordance with law, within a period of three months and further, to inform the petitioners, individually of the result of such consideration, forthwith.
4. It is open to the respondents to solicit or seek any information or documents from the side of the petitioners as are required for due consideration of the subject representations; however, no delay would be brooked in the guise of any such information being sought for.
No costs.
Sd/- JUDGE KPS