IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION Nos.28137-28147 OF 2019(LA-RES) Between:
1. Prakasha S/o Late Shivappa Aged about 45 years 2. Mariyappa S/o Late Basappa Aged about 66 years 3. Jayashankarappa S/o Late Basappa Aged about 45 years 4. Marigowda S/o Late Ningegowda Aged about 75 years 5. Anitha W/o Late Kemparaju Aged about 45 years 6. K.Nagaraju S/o Kalappa Aged about 70 years 7. Dyavamma W/o Eregowda Aged about 65 years 8. Channappaaji S/o Late Puttappa Aged about 55 years 9. Doreswamy S/o Nanjappa Aged about 55 years 10. Shantamani W/o J.P.Siddaveerappa Aged about 50 years 11. G.V.Siddaveerappa S/o Late Puttappa Aged about 55 years All are residents of Gubbahalli Village Akkihebbalu Hobli Krishnarajapete Taluk Mandya District -571426.
(By Sri Dhananjaya V.S, Advocate) And 1. The Assistant Executive Engineer Kaveri Neeravari Nigama Ltd,. #4, H.L.B.C. Sub-division Kikkeri, Kikkeri Village and Hobli, Krishnarajapet Taluk Mandya District – 571426 2. The Special Land Acquisition Officer Deputy Commissioner Office 1st Floor, Hassan Hassan District – 573201 3. Deputy Commissioner Mandya District Mandya - 571401.
(By Sri E.S.Indiresh, AGA for R1 to R3) .. Petitioners .. Respondents These Writ Petitions are filed under Article 226 of Constitution of India, praying to direct respondent No.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 lands acquired and possession was taken as per the Annexure-B and E and etc., These Writ Petitions coming on for ‘Preliminary Hearing’ this day, the Court made the following:-
ORDER Learned AGA accepts notice for respondent Nos.1 to 3.
2. Petitioners have sought for the following reliefs:-
1) Issue a Writ of Mandamus or similar writ or order or any directions to the respondent No.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 lands acquired and possession was taken as per the Annexure-B and E.
2) And also issue a Writ of Mandamus or similar writ or order or directions to the respondents No.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.
3) Issue a Writ of any Mandamus or any other appropriate writs or order or directions deems fit in the circumstances of the Writ Petition in the interest of justice and equity.
3. There is inaction on the part of respondents in not passing appropriate orders on the petitioners’ grievance relating to extending compensation pursuant to the land acquisition.
4. The Deputy Commissioner is hereby directed to pass a speaking order on the petitioners’ grievance within a period of four weeks from the date of receipt of this order and communicate the same to each of the petitioners at the earliest.
With the above observations, writ petitions stand disposed off.
SD/- JUDGE PYR