IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.40409/2019 (LA – RES) BETWEEN:
1. SRI A.C.PURE GOWDA S/O CHANNE GOWDA AGED ABOUT 68 YEARS 2. SRI HARVE GOWDA S/O NINGE GOWDA SINCE DEAD BY LR’S A. JAYAMMA W/O HARVE GOWDA AGED ABOUT 60 YEARS B. MANI W/O RAMA KRISHNE GOWDA AGED ABOUT 43 YEARS 3. SRI SHRINIVAS S/O SRIKANTAYYA SINCE DEAD BY LR’S CHANDRASHEKAR S/O SHRINIVAS ABED ABOUT 45 YEARS 4. SRI BASAVACHARI S/O KALACHARI SINCE DEAD BY LR’S A. PREMAMMA W/O BASAVACHARI AGED ABOUT 70 YEARS B. RUDRESH S/O BASAVACHARI AGED ABOUT 50 YEARS C. PARMESH S/O BASAVACHARI AGED ABOUT 48 YEARS 5. SMT. SAROJAMMA W/O DASA SHETTY SINCE DEAD BY LR’S A. MANJA SHETTY S/O DASA SHETTY AGED ABOUT 46 YEARS B. BELURE SHETTY S/O DASA SHETTY AGED ABOUT 44 YEARS 6. SRI KENGE GOWDA S/O HARVE GOWDA AGED ABOUT 70 YEARS 7. SRI KEMPE GOWDA S/O MARILEKE GOWDA SINCE DEAD BY LR’S A. PUTTAMMA W/O KEMPE GOWDA AGED ABOUT 75 YEARS B. NAGENDRA S/O KEMPE GOWDA AGED ABOUT 50 YEARS C. SOMSHEKAR S/O KEMPE GOWDA AGED ABOUT 42 YEARS 8. SRI RANGE GOWDA S/O NANJE GOWDA AGED ABOUT 62 YEARS 9. SRI SANNA NINGE GOWDA S/O NANJE GOWDA AGED ABOUT 65 YEARS 10. SRI K.PURE GOWDA S/O KALE GOWDA SINCE DEAD BY LR’S A. PARVATHAMMA W/O PURE GOWDA AGED ABOUT 65 YEARS B. A.P.MANJUNATH S/O K.PURE GOWDA AGED ABOUT 50 YEARS C. A.P.KRISHNA MURTHI S/O K.PURE GOWDA AGED ABOUT 48 YEARS 11. SRI NANJUNDE GOWDA S/O SHAMBULINGE GOWDA AGED ABOUT 55 YEARS 12. SRI MALLE GOWDA S/O NANJE GOWDA AGED ABOUT 52 YEARS 13. SRI MADURAYYA S/O SOLLAYA SINCE DEAD BY LR’S A. RAJU S/O MADURAYYA AGED ABOUT 50 YEARS 14. SRI NINGA SHETTY S/O PUTTE SHETTY AGED ABOUT 65 YEARS 15. SRI HARVE GOWDA S/O KENGE GOWDA AGED ABOUT 40 YEARS ALL ARE R/AT KALLENAHALLI VILLAGE DANDIGANAHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116. …PETITIONERS (BY SRI RAJARAM SURYAMBAIL, ADV.) AND:
THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI IRRIGATION PROJECT-II OFFICE AT DEPUTY COMMISSIONER’S OFFICE BUILDING HASSAN-573201. …RESPONDENT (BY SRI E.S.INDIRESH, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER VIDE ANNEXURE-A, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, A12, A13, A14.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondent.
2. The petitioners are before this Court challenging the orders passed by the respondent insofar as rejecting the application filed by them under the provisions of Section 28[A] of the Land Acquisition Act, 1894 [‘Act’ for short].
3. The petitioners are the land losers in the Hemavathi Reservoir Project in Channarayapatna Taluk, Hassan District. Learned counsel for the petitioners would submit that in identical circumstances in W.P.No.27920/2018 and allied matters (D.D. 07.12.2018), this Court has directed the respondent – SLAO to refer the petitioners’ claim for determination of compensation under Section 18[1] of the jurisdictional Reference Court, quashing the order passed under Section 28[A] of the Act and accordingly seeks for similar relief.
4. Learned counsel for the respondent does not dispute the same and has no objection to dispose of the matter in terms of the order of this Court referred to above.
5. Having considered the facts and circumstances of the case as aforesaid, this Court deems it appropriate to dispose of the matter in the light of the order passed in W.P.No.27920/2018 and allied matters referred to above.
The reference petitions filed by the petitioners under Section 18[3][b] of the Act are favoured; the respondent – SLAO is directed to refer petitioners’ claim for determination of compensation under Section 18[1] to the jurisdictional Reference Court, within eight weeks from the date of receipt of certified copy of the order. The Reference Court is directed to hear and dispose of the said reference after notice to all stakeholders including the beneficiary of the land acquisition, in an expedite manner.
Writ petition stands disposed in terms of the above.
Sd/- JUDGE NC.