IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.11408/2017 (LA – RES) BETWEEN:
SMT.MALLAMMA W/O LAT EKARIYAIAH AGED ABOUT 73 YEARS R/AT HOUSE No.119 H.BASAPURA VILLAGE MALAVALLI TALUK MANDYA DISTRICT-571430. …PETITIONER (BY SRI SAGAR.B.B., ADV.) AND:
1. THE STATE OF KARNATAKA WATER RESOURCES DEPARTMENT MINOR IRRIGATION, VIDHANASOUDHA BANGALORE-01.
REP. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401.
3. THE SPECIAL LAND ACQUISITION OFFICER OFFICE OF THE SPECIAL LAND ACQUISITION OFFICER, D.C. OFFICE BUILDING MANDYA DISTRICT MANDYA-571401.
4. THE ASSISTANT EXECUTIVE ENGINEER SMALL IRRIGATION SUB DIVISION OFFICE OF THE AEE MANDYA DISTRICT MANDYA-571401. …RESPONDENTS (BY SRI B.J.ESHWARAPPA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT Nos.3 AND 4 TO ASCERTAIN THE COMPENSATION PAYABLE TO THE PETITIONER IN ACCORDANCE WITH THE PROVISIONS OF RIGHT TO FAIR COMPENSATION AND TRANSPERANCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AND TO PAY SUCH COMPENSATION TO THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a writ of mandamus directing the respondent Nos.3 and 4 to ascertain the compensation payable to the petitioner in accordance with the provisions of Right to Fair Compensation and Transperancy in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ['Act' for short] and to pay such compensation to the petitioner.
2. The petitioner is claiming to be the absolute owner of the land bearing Sy.No.62/2, measuring 29 guntas situated at H.Basapura Village, Halagur Hobli, Malavalli Taluk, Mandya District. It is the grievance of the petitioner that the third respondent has constructed field canals in the lands of the petitioner without acquiring the lands for the said purpose. Hence, this writ petition.
2. The respondents have filed reply pursuant to the directions issued by this Court on 03.04.2018 whereby it was directed to ascertain the factual position of the canals dug up in the lands of the petitioner and if so, whether by the Water Resources Department or not and to report the same. Annexure-R2 – the copy annexed to the reply would indicate that the land in question to the extent of 9 guntas has been utilized for the Bheema Reservoir and other related projects, pursuant to which the proceedings have been initiated to acquire the said lands.
3. In view of the aforesaid, the grievance of the petitioner is redressed by the respondents having initiated the land acquisition proceedings. However, learned counsel for the petitioner disputes the initiation of any land acquisition proceedings.
Considering the totality of circumstances of the case, this Court is of the considered opinion that the interest of justice would be sub-served in directing the respondents to initiate and conclude the acquisition proceedings in an expedite manner in accordance with law in any event not later than twelve weeks from the date of receipt of certified copy of the order. Ordered accordingly.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.