IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.17 OF 2019 (LA-KHB) BETWEEN:
1. The Special Land Acquisition Officer, Karnataka Housing Board, Cauvery Bhavan, Bengaluru-560009.
Rep. by Dayananda Bhandari.
2. The Commissioner, Karnataka Housing Board, Cauvery Bhavan, Bengaluru-560009.
Rep.by G.N.Shivava Murthy. ... Appellants (By Sri.Afsar Ahmed S, Adv., for appellants) AND:
1. Sri. Narasimhamurthy, S/o late K.Gowraiah @ Chikkakandaraiah, Aged about 50 years, Occ: Household and Agriculture, R/at Dhonneahalli Village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru-572139.
2. The State of Karnataka, By its Secretary, Land Acquisition Department, M.S. Building, Bengaluru-560001.
3. The Deputy Commissioner, Bengaluru South Taluk, Bengaluru-560053. ... Respondents (By Sri. A.V.Nishanth, Adv. for R1;
By Sri.T.L.Kiran Kumar, AGA for R2 and R3) ---
This Writ Appeal is filed under section 4 of the Karnataka High Court Act, 1961 praying to set aside the impugned order passed by the Hon’ble Single Judge in writ petition No.27817/2018 dated 09.11.2018.
This Appeal coming on for orders this day, The Acting Chief Justice., delivered the following:
JUDGMENT This appeal is filed against impugned order dated 09.11.2018 passed in W.P.No.27817/2018 C/w W.P.No.28119/2018 in which direction was given to the respondents to pay interest at the rate of 24% per annum for the delayed period in payment of compensation, subject to recovery of the same from the concerned officials.
2. The learned counsel for the appellants submits that the direction to pay interest at the rate of 24% per annum for the delayed period during which the compensation remains unpaid after eight weeks is contrary to the provisions of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (‘the Act’ for short) and the direction to pay compensation within an outer limit of eight weeks is contrary to factual aspect of the case in the light of Section 38 of the Act. Hence, prayed to allow the appeal.
3. Respondent No.1 has filed an application accompanied by affidavit stating that he has no objection for Karnataka Housing Board (‘KHB’, for short) to acquire his property. KHB has notified the award amount of Rs.37,79,37,267/- in respect of Sy.No.39 measuring 34 acres 37 guntas, whereas compensation works out to Rs.1,08,00,000/- per acre and Rs.1,08,00,000/- per acre has been paid by the KHB to the other land owners who lost their land in the same village. Since, his land measures two acres, he is entitled to receive approximately Rs.2,16,00,000/- from KHB. He further contended that he would not claim any interest on the award amount in respect of his acquired land. Surveyor had surveyed the said property on 18.12.2018. Pursuant to the order impugned in the present writ petition, he has furnished all the necessary documents to the KHB including the sketch of the Surveyor and he has already filed an affidavit before the KHB that he shall not claim any interest on the compensation payable to him.
4. We have heard learned counsel for the appellants and respondents.
5. In the facts and circumstances of the case, this appeal stands disposed of with a direction that the appellants shall satisfy the award in accordance with law subject to production of necessary documents by respondent No.1 within eight weeks from the date of receipt of such documents.
With these observations this writ appeal stands disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE JS/-