IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION No.5839/2016 (LA-RES) BETWEEN SRI GUNDAGOWDA S/O SHIVABASAVE GOWDA AGED ABOUT 65 YEARS R/A CHAMRAPURA VILLAGE B.G. NAGAR, BELLUR HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571418 (By Sri N SURENDRA KUMAR, ADVOCATE) AND 1. CHIEF SECRETARY VIDHANA SOUDHA GOVERNMENT OF KARNATAKA Dr. AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA 3. THE SPECIAL LAND ACQUISITION OFFICER KAVERI NEERANIGAMA, MANDYA MANDYA DISTRICT 4. THE EXECUTIVE ENGINEER KAVERI NEERANIGAMA YEDIYUR, KUNIGAL TALUK TUMKUR DISTRICT-572130 …PETITIONER 5. THE ASSISTANT EXECUTIVE ENGINEER NO.12, HEMAVATHI CANAL SUB DIVISION KAVERI NEERANIGAMA LIMITED BELUR CROSS, NAGAMANGALA TALUK MANDYA DISTRICT-571 418 …RESPONDENTS (By Sri VENKATESH DODDERI, AGA FOR R.1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO PASS AN AWARD FOR 17 COCONUT TREES APART FROM AN AWARD EARLIER PASSED FOR 7 COCONUT WHICH WERE SITUATED IN SURVEY NUMBER 221/1 OF DADIGA VILLAGE, BENDIGANAVILE HOBLI, NAGAMANGALA TALUK.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Petitioner has averred that the land measuring 10 guntas in Sy.No.221/1 of Dadiga Village, Belur Hobli, Nagamangala Taluk, Mandya District, belongs to him and that the same has been acquired by respondent No.3 for the benefit of respondent Nos.4 and 5-authorities for the purpose of Hemavathi Left Bank Canal. Preliminary Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’) was issued on 18.08.2009. Subsequently, declaration and Final Notification was issued on 01.10.2010. It is the case of the petitioner that an award has been passed in respect of the said land, but the Special Land Acquisition Officer- respondent No.3 herein has passed an award only in respect of the land and that no award has been passed in respect of seventeen coconut trees and, therefore, a direction has been sought to the said respondent to pass an award in respect of seventeen coconut trees standing on the aforesaid land.
2. Heard learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 to 3 and perused the material on record.
3. The writ petition does not disclose the date of the award. There is no averment made as to what steps the petitioner took on the passing of the award. Merely because a legal notice has been issued on 14.07.2015 on behalf of the petitioner to the respondents as per Annexure-B, a direction has been sought to respondent No.3 to pass an award in respect of seventeen coconut trees standing in Sy.No.221/1 i.e. the land in question.
Such a direction cannot be issued by exercise of discretion under Article 226 of the Constitution of India.
4. In the result, the writ petition is dismissed. If at all the petitioner has any grievance with regard to the award passed, he can seek his remedy under the aforesaid Act, in accordance with law.
Sd/- JUDGE mv