IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.52795/2015 (LA – RES) BETWEEN :
SARASWATHIBAI W/O LATE D MANOHAR RAO AGED ABOUT 62 YEARS DAVANAGERE ROAD JAGALUR TOWN DAVANAGERE DISTRICT-577528 ...PETITIONER (BY SRI M.R.HIREMATHAD, ADV.) AND :
1 . STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF REVENUE M S BUILDING, DR AMBEDKAR VEEDHI BANGALORE-560 001 2 . THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577002 3 . LAND ACQUISITION OFFICER FOR THE ACQUISITION OF LANDS FOR THE CONSTRUCTION OF COURT COMPLEX AND QUARTERS FOR THE JUDGES AT HARAPANAHALLI AND THE ASSISTANT COMMISSIONER HARAPANAHALLI SUB DIVISON HARAPANAHALLI TOWN DAVANAGERE DISTRICT-583131 4 . THE EXECUTIVE ENGINEER PWD, DAVANAGERE DIVISION DAVANAGERE-577002 …RESPONDENTS (BY SRI NITHYANANDA K.R., AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CONSENT AWARD PASSED BY THE R-2 DATED 20.08.2013 VIDE ANNEXURE-G AND AWARD NOTICE PASSED BY THE R-3 DATED 08.07.2013 AT ANNEXURE-J AND DIRECT THE RESPONDENTS TO PASS AN AWARD IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the award passed by respondent No.2 – Deputy Commissioner, dated 20/08/2013 and award notice passed by respondent No.3, dated 08/07/2013 inter alia seeking a direction to the respondents to pass an award afresh in accordance with law.
2. The petitioner claims to be the absolute owner in possession of the landed property in survey No.102/8, measuring 5 acres and 24 guntas, situated in Jagalur Town, Davanagere District, out of which 1 acre 32 guntas were duly converted. Respondent No.2 has acquired 6 guntas of land converted for the purpose of construction of Court Building and residences of the Hon’ble judges/judicial officers, in terms of the Final Notification dated 08/02/2012 under Section 6(1) read with Section 17 of the Land Acquisition Act, 1894 (‘Act’ for short).
3. It is the grievance of the petitioner that a meager sum of Rs.20,038/- has been fixed for the acquired land of 6 guntas in terms of the award notice dated 08/07/2013 issued under Section 12(3) of the Act. Hence, the present writ petition.
4. Learned Addl. Government Advocate has filed an affidavit of Smt. Mamata Hosagoudara, Assistant Commissioner, Davanagere Sub-Division, wherein it is categorically stated that the revised compensation amount of Rs.80/- per sq.ft for converted land has been awarded and total compensation of Rs.5,22,720/- is determined in so far as 6 guntas of acquired land of the petitioner is concerned. The said compensation of Rs.5,22,720/- was deposited to the SB A/c No.54042672542, State Bank of India, Harappanahalli, Assistant Commissioner’s Office Account.
5. In view of the revised compensation fixed by the respondent-authorities, the determined compensation has to be deposited in the account of the petitioner and not in any other S.B account. Hence, the respondent No.3 shall deposit/transfer the aforesaid compensation amount in the petitioner’s account forthwith.
6. It is needless to observe that if the petitioner is aggrieved by the quantum of compensation determined by the respondent-authorities, is at liberty to seek for enhancement of compensation in accordance with law.
7. The writ petition stands disposed of in terms of the above.
Sd/- JUDGE Msu