IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI W. P. NOs.28127-28136 OF 2019 (LA-RES) BETWEEN 1. SOMEGOWDA S/O LATE DEVEGOWDA AGED ABOUT 55 YEARS, 2. NANJAMMA W/O LATE DASAIAH AGED ABOUT 60 YEARS, 3. KEMPARAJU S/O LATE HUCHEGOWDA AGED ABOUT 50 YEARS, 4. RAMEGOWDA S/O LATE HUCHEGOWDA AGED ABOUT 55 YEARS, 5. KRISHNEGOWDA S/O LATE HUCHEGOWDA AGED ABOUT 55 YEARS, 6. SUNANDA W/O LATE DEVARAJU AGED ABOUT 50 YEARS, 7. C M NARAYANA S/O MALLAIAH AGED ABOUT 45 YEARS, 8. C M MAHENDRA S/O MALLAIAH AGED ABOUT 50 YEARS, 9. SWAMYGOWDA S/O LATE KARIGOWDA AGED ABOUT 50 YEARS, 10. LAXMAMMA W/O LATE SUBBEGOWDA AGED ABOUT 55 YEARS, ALL ARE THE RESIDENTS OF CHIKKAGADIGANAHALLY VILLAGE, BOOKANAKERE HOBLI KRISHNARAJAPET TALUK MANDYA DISTRICT PIN CODE-571426 ... PETITIONERS (By Sri DHANANJAYA.V.S., ADVOCATE) AND 1. THE ASSISTANT EXECUTIVE ENGINEER, KAVERI NEERAVARI NIGAMA LTD., #23, HLBC SUB-DIVISION, BOOKANAKERE, BOOKANAKERE HOBLI KRISHNARAJAPET TALUK MANDYA DISTRICT PIN CODE-571426 2. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONERS OFFICE 1ST FLOOR, HASSAN, HASSAN DISTRICT 573401 3. DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA – 571 401 (By Sri E S INDRESH, AGA) *** ... RESPONDENTS THESE WPs FILED PRAYING TO ISSUE A WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDER OR ANY DIRECTION TO THE R-1 TO SUBMIT THE PROPOSALS FOR THE PAYMENT OF ALL KINDS OF COMPENSATIONS TOTHE PETITIONERS IN RESPECT OF THIER 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 & E; AND DIRECT TO THE R-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, ETC., THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER State counsel accepts notice for respondents.
2. Petitioners have sought for the following reliefs:
“(1) Issue a writ of mandamus or similar writ or order or any direction to the R1 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 & E;
(2) And also Issue a writ of mandamus or similar writ or order or any direction to the R-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.”
2. The concerned respondent is hereby directed to take decision on the petitioners’ grievances stated in his representations and pass a speaking order, whether the petitioners are entitled to any compensation as sought for in their representation or not. Such a speaking order shall be communicated to each of the petitioners at the earliest. The said exercise shall be completed within eight weeks from the date of receipt of the copy of this order.
4. Accordingly, these writ petitions are disposed off.
Sd/- JUDGE VK