IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9Th DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14901 OF 2019 (LA-RES) BETWEEN:
MRS.PARVEEN JASSAWALA W/O.MR.ADIL JAL JESSAWALA AGED ABOUT 67 YEARS R/AT NO.579, 6TH CROSS HAL 3RD STAGE NEW THIPPASANDRA POST OFFICE BANGALORE-560 075 … PETITIONER (BY MS.KARISHMA FOR SRI PRASHANT POPAT, ADVOCATES) AND:
1. THE STATE OF KARNATAKA REP. BY DEPUTY COMMISSIONER BENGALURU DISTRICT BENGALURU-560 001 2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT BENGALURU-560 001 3. THE INCHARGE OFFICER THE NATIONAL HIGH AUTHORITY OF INDIA (MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS) M-K-B PROJECT SITE OFFICE NO.12, SULTAN THIPPASANDRA MAHALAKSHMI LAYOUT KOLAR-563 101 … RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R1; SRI N.R.NAIK, ADVOCATE FOR R2;
MS. SHILPA SHAH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SECOND RESPONDENT TO EXPEDITIOUSLY DISPOSE OF THE PROCEEDINGS (ANNEXURE-H) WITHIN A TIME LIMIT FIXED BY THIS COURT IN ACCORDANCE WITH THE PRINCIPLES LAID DOWN UNDER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013 BY ISSUING A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE NATURE OF A WRIT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms.Karishma for Sri Prashant Popat, learned Counsel for the petitioner.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri N.R.Naik, learned Counsel for respondent No.2.
Ms. Shilpa Shah, learned Counsel for respondent No.3.
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 under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks for a direction to the second respondent to expeditiously dispose of the appeal, which is pending before him in accordance with the principles laid down in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by a speaking order within a fixed time limit.
4. When the matter was taken up today, learned Additional Government Advocate submits that the appeal shall be decided within such time limit as may be fixed by this Court.
5. In view of the submission made and taking into account the nature of relief as prayed for by the petitioner, the petition is disposed of with a direction to the Appellate Authority to decide the appeal within a period of four months from the date of receipt of a copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE LB