IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.14068/2019 (KLR-LG) BETWEEN:
SRI.CHIKKA BOJAPPA, S/O LATE MUNIKRISHNAPPA, AGED ABOUT 65 YEARS, NARASAPURA VILLAGE AND HOBLI, KOLAR TALUK AND DISTRICT, PIN 563 133. … PETITIONER (BY SRI.NARAYANA REDDY M, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR, ZILLADALITHA BHAVANA, KUMBARAHALLI (NEAR R.L.JALAPPA MEDICAL COLLEGE), MULBAGAL ROAD, NH-75, KOLAR 563 103.
2. THE EXECUTIVE ENGINEER, PWD AND PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT DEPARTMENT, KOLAR DIVISION, KOLAR, OFFICE AT, BRINDAVAN (COURT) CIRCLE, MULBAGILU ROAD, MB ROAD, KOLAR 563 101.
3. THE ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR, OFFICE AT, BRINDAVAN (COURT) CIRCLE, KOLAR 563 101.
4. THE CHIEF EXECUTIVE OFFICER, KOLAR ZILLA PANCHAYATH, KOLAR 563 101.
5. THE EXECUTIVE OFFICER, P.R.E. DIVISION, KOLAR ZILLA PANCHAYATH, KOLAR, OFFICE AT, COURT COMPLEX, KOLAR 563 101.
6. THE EXECUTIVE ENGINEER, MINOR & IRRIGATION DEPARTMENT, KOLR DISTRICT, KOLAR 563 101. … RESPONDENTS (BY SRI.VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT 1ST RESPONDENT/DEPUTY COMMISSIONER, KOLAR, TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DATED 1.9.2016 VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is filed seeking writ of mandamus to respondents-1 and 2 to grant compensation in favour of the petitioner for utilizing a portion of the land bearing Sy.No.112/2 of Narasapura village, Kolar Taluk, for formation of road.
2. When this matter was taken up on 23.7.2019, this Court passed the following order:
“On going through the record, This court observed that an extent of 6½ guntas of petitioner’s land bearing Sy.No.112/2 of Narasapura village is utilized by the authorities; Out of which, the Chief Executive Officer, Zilla Panchyat, Kolar, who is present before this Court accepts 03 guntas is utilized for formation of road and paid compensation of Rs.6,37,500/- by way of Cheque in favour of the petitioner. With reference to remaining extent of 3½ guntas there was confusion whether the compensation has to be paid by the Executive Engineer, Minor Irrigation Department, Kolar District or the Executive Officer, Zilla Panchayat or the Executive Engineer of PWD Department-2nd respondent.
4. In this background, the compensation is not paid for acquisition of remaining 3½ guntas till today. This day, the Chief Executive Officer, Zilla Panchayat, Kolar District, who is present before this Court would concede that the remaining land of 3½ guntas is also utilized by the Zilla Panchayat, Kolar. He has no dispute with reference to liability of the Zilla Panhcayat to pay the compensation to the petitioner. Hence, this Court would direct respondent No.5 - Executive Officer of Zilla Panchayat, Kolar District, to pay compensation for acquisition of remaining extent of 3½ guntas. According to him, the compensation payable is quantified at Rs.7,43,750/-. Hence, he is directed to issue Cheque for the said amount in favour of the petitioner forthwith.
5. It is made clear that, if there is any internal arrangement with regard to liability, the same should be required to be clarified with the Government by respondent No.5 - Executive Officer, Zilla Panchayat, Kolar, by communicating to the Government and seek refund of the same either from the Government or any other Department namely Minor Irrigation Department or PWD Department. Reserving such liberty to respondent No.5- Executive Officer, Zilla Panchayat, Kolar, it is hereby ordered that the said amount of Rs.7,43,750/- for utilization of remaining land to an extent of 3½ guntas shall be paid to the petitioner through cheque.
List this matter on 29.07.2019.”
3. Pursuant to aforesaid order dated 23.7.2019, Sri.Muni Anjanappa, Executive Engineer of Panchayath Raj Engineering Division, Kolar, is present before the Court along with a cheque drawn in favour of petitioner – Chikka Bojappa, for a sum of Rs.7,43,750/-. It is stated that the aforesaid cheque is with reference to compensation of 3½ guntas of land in Sy.No.112/2 of Narasapura village, Kolar Taluk, belonging to the petitioner herein being utilized towards formation of Road and halla passing adjacent to that.
4. The said submission of Sri.Muni Anjanappa is placed on record.
5. The petitioner, who is present before the Court has received the cheque as payment in full and final settlement of compensation for acquisition of 6½ guntas in Sy.No.112/2 of Narasapura village, Kolar Taluk. He has also filed an acknowledgement for having received the aforesaid cheque.
6. By placing the acknowledgement filed by the petitioner on record, this writ petition is disposed of as it does not survive for consideration.
7. The petitioner – Chikka Bojappa as well as Sri.Muni Anjanappa, Executive Engineer, who are present before the Court are directed to affix their signature to the order sheet in this writ petition which shall be countersigned by their respective counsel on record.
Sd/- JUDGE nd/-