IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.14511 OF 2018 (LA-RES) BETWEEN:
SMT.NAZNEEN KAUSAR W/O.MAHABOOB PASHA @ KHADER NAWAZ AGED ABOUT 42 YEARS R/AT NO.4, 7TH CROSS ATMANANDA COLONY, SULTHAN PALYA, R.T.NAGAR POST BENGALURU-560 032. … PETITIONER (BY SRI.M.SRIKANTH, ADV.) AND:
1. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAY AUTHORITY OF INDIA NEAR CHAMUNDESHWARI TEMPLE KSRTC DEPO ROAD CHITRADURGA-577 501 2. SMT.NAGARATHNAMMA @ NAGARATHNA W/O.S.K.VASANTH KUMAR AGED ABOUT 66 YEARS R/AT NO.8, GOPALA NILAYA CHURCH ROAD NEAR VEERABHADRESHWARA TEMPLE HARIHARA, DAVANAGERE DISTRICT-577 001 ... RESPONDENTS (BY SMT.SHILPA SHAH, ADV. FOR R1 SRI.D.P.MAHESH, ADV. FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE R1 RESULTING IN ISSUING ANNX-J DTD: 15.03.2018 PASSED BY THE R-1 AND QUASH ORDER VIDE ANNX-J, DTD: 15.03.2018 PASSED BY THE R-1 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for quashing the impugned order passed by The Special Land Acquisition Officer, National Highway Authority of India, Chitradurga at Annexure ‘J’ dated 15.03.2018 2. Petitioner’s grievance is that he is entitled for compensation in terms of the land acquired by the Special Land Acquisition Officer (Spl. LAO), National Highway Authority, Chitradurga.
3. A perusal of the show cause notice dated 15.03.2018, it is evident that 2nd Respondent has raised certain disputes in RSA 781/14 which is pending consideration. If there is any dispute in respect of claiming certain benefits arising out of acquired land, the grievance of the petitioner would lie before the Civil Court or appropriate forum which is stated to be pending as is evident from the show cause notice. The petitioner’s grievance in the present petition is premature for the reason that he has questioned the validity of the show cause notice. Petitioner has a remedy in RSA 781/14. Even in the event, a particular share is claimed by the 2nd Respondent insofar as claiming any benefit in respect of remaining compensation, he has a remedy before the same Court. Accordingly, petitioner has not made out a case so as to interfere with Annexure ‘J’, hence, writ petition stands dismissed as premature. Petitioner is permitted to approach the Spl. LAO, National Highway Authority, Chitradurga or make necessary interlocutory application in RSA 781/14, seeking for certain portion of the benefit, in accordance with law.
4. At this stage, learned counsel for 1st Respondent submitted that compensation amount is stated to have been deposited on 19.02.2019 in *WP NO.14511/2018.
Registry is requested to keep the deposited amount in Fixed Deposit till the disposal of RSA 781/14 or any interlocutory order to be passed in RSA 781/14 with the above observations, the writ petition stands disposed of.
Sd/- JUDGE Brn *Corrected vide Court order dated: 03.09.2019