IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.45876 OF 2018 (LA-RES) BETWEEN:
Sri. Akshay S/o. Late. Prakash, Aged 33 Years, R/at No.2214, 3rd Cross, Kuvempu Nagar, Channapatna Town, Ramanagaram District-562 160.
. Petitioner (By Sri. Prakash M.H, Advocate) AND:
1. The State of Karnataka Department of Public Works M. S. Building, Bengaluru-560 001, Represented by its Principal Secretary.
2. The Deputy Commissioner, Ramanagara District, Kandaya Bhavana, Ramanagaram Town, Ramanagara District-562 128.
3. The National Highways Authority of India, Represented by Project Director Project Implementation Unit, Basavanapura, Ramanagaram, Ramanagara District-562 128.
4. Assistant Executive Engineer, National Highways Sub-Division, No.13/4, 4th floor, CFC Building, Nrupathunga Road, Bengaluru-560 001.
5. The City Municipal Council Channapatna Town, Ramanagara District-562 160 By its Commissioner.
. Respondents (By Sri. E. S. Indiresh, AGA for R1 and R2;
Notice to R3 to R5 served and unrepresented) This Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ in the nature of mandamus to the respondents not to dispossess the petitioner from the schedule property or to demolish the same without following the procedure established under the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement Act, 2013.
This Petition coming on for Preliminary Hearing in 'B' Group, this day, the Court made the following:-
ORDER Sri. Prakash M. H, learned Counsel for the petitioner.
Sri. E. S. Indiresh, learned Additional Government Advocate for respondent Nos.1 and 2.
Respondent Nos.3 to 5 though served were unrepresented.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioner inter alia seeks a writ in the nature of mandamus to the respondents not dispossess the petitioner from the schedule property or to demolish the same without following the procedure established under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
4. Learned Additional Government Advocate for respondent Nos.1 and 2 submits that whatever action is purported will be done purely in accordance with law.
5. In view of the submissions made, the petition is disposed of with a direction to the respondents not to dispossess the petitioner or to demolish the schedule property except in accordance with law and in a manner known to law.
6. Needless to state that in case any super structure is situated on the land belonging to the petitioner, the petitioner shall be entitled to compensation in respect of the aforesaid super structure as well.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-
AAJ: WP No.45876/2018 26.07.2019 ORDER ON 'FOR BEING SPOKEN TO'
Sri Prakash M.H., learned counsel for the petitioner.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent nos.1 & 2.
Learned counsel for the petitioner submitted that during pendency of the writ petition, super structure situated on the land belonging to the petitioner was demolished by the respondents. It is further submitted that in para 6 of the order dated 11.07.2019 passed in this writ petition, this Court had directed that in case any super structure situated on the land belonging to the petitioner is demolished, he shall be entitled to compensation. It is prayed that time limit be fixed for assessment of compensation. The aforesaid prayer is not opposed by the learned Additional Government Advocate.
In view of the aforesaid submissions, it is directed that the process of assessment of compensation shall be completed by the competent authority within an outer limit of six months from today.
Sd/- JUDGE hkh.
AAJ: W.P. No.45876/2018 11.12.2020 ORDER ON BEING SPOKEN TO Learned counsel for the petitioner has filed a memo seeking correction of the order dated 26.07.2019 passed by this Court.
Learned counsel for the petitioner submits that the representation submitted by the petitioner is pending consideration before the Deputy Commissioner and therefore, the Deputy Commissioner be directed to assess the compensation. The aforesaid prayer has not been fairly opposed by the learned Additional Government Advocate.
In view of the aforesaid submission, order dated 26.07.2019 is modified and it is directed that the Deputy Commissioner, Ramanagar shall assess the claim of the compensation within a period of two months from the date of receipt of certified copy of the order passed today.
This order shall be read in conjunction with the order dated 26.07.2019 passed in this petition.
Sd/- JUDGE RV