IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos.1354-1358/2017 (LA-RES) BETWEEN 1. SRI K.NARAYANAPPA, S/O LATE KUMBHAIAH, AGED ABOUT 51 YEARS, R/AT HAROHALLI, DIBBUR POST, TUMKUR TALUK AND DISTRICT – 572107.
2. SRI SHIVANNA, S/O LATE KEMPANNA, AGED ABOUT 41 YEARS, R/AT DIBBUR SCHOOL, PAKKA DIBBUR POST, TUMKUR TALUK AND DISTRICT – 572107.
3. SRI DODDASIDDAIAH, S/O LATE SIDDALINGAIAH, AGED ABOUT 66 YEARS, DIBBUR MALE, DIBBUR POST, TUMKUR TALUK AND DISTRICT – 572106.
4. SRI RAMESH D.N., S/O LATE D.B.NARASIMHAIAH, AGED ABOUT 42 YEARS, R/AT DIBBUR, DIBBUR POST, TUMKUR TALUK AND DISTRICT – 572106.
5. SRI GANGABHAIRAIAH, S/O LATE JOGAIAH, AGED ABOUT 52 YEARS R/AT DIBBUR, DIBBUR POST TUMKUR TALUK AND DISTRICT – 572106. .. PETITIONERS (By Sri V.B.SIDDARAMAIAH, ADV.) AND 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S.BUILDING, Dr B.R.AMBEDKAR VEEDHI, BANGALORE – 560001.
REP BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, MINI VIDHANA SOUDHA, TUMKUR – 572101.
3. THE REGIONAL COMMISSIONER, REVENUE DEPARTMENT , BANGALORE DIVISION, 2ND FLOOR, BMTC BUILDING, K H ROAD, SHANTHINAGAR , BANGALORE – 560027.
4. THE SPECIAL LAO, TUMKUR RAYADURGA NEW BROAD GAGE RAILWAY PROJECT, MINI VIDAN SOUDHA, TUMKUR – 572105.
5. THE GENERAL MANAGER, SOUTH WESTERN RAILWAYS, KESHAVAPURA, HUBLI – 580023. .. RESPONDENTS (By Sri VENKATESH DODDERI, AGA FOR R1-R4; Sri N.S.SANJAY GOWDA, ADV. FOR R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AWARD NOTICE DT.30.12.2013 ISSUED BY THE R4- THE SPL. LAND ACQUISITION OFFICER, RAYADURGA BROAD GAGE RAILWAY PROJECT IN RESPECT OF SY.NO.148/1A, MEASURING 07 GUNTAS OF LAND, SITUATED AT AMANIKERE (PART-II) VILLAGE, VIDE ANNEX-E AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Land belonging to the petitioner no.1 bearing Sy.
No.148/1A of Amanikere (Part-2) village measuring 0-07 guntas; land belonging to petitioner no.2 bearing Sy. No.34/8 of Dibbur (Part-2) village measuring ½ guntas; land belonging to petitioner no.3 bearing Sy. No.35/9 of Dibbur (Part-2) village measuring 9½ guntas; land belonging to petitioner no.4 bearing Sy. No.7/1 of Dibbur (Part-2) village measuring 1 acre 27 guntas; and land belonging to petitioner no.5 bearing Sy. No.75 of Amanikere (Part-2) village, measuring 0.21 guntas have been acquired by the railways for their project.
2. The grievance made by the petitioners is, that although conciliation proceedings were commenced and in the conciliation proceedings it was agreed that consent award would be passed awarding compensation in favour of the land loosers, without following the same award was passed and notices of award dated 30.12.2013 have been issued as per Annexures-E, F, G, H & J calling upon the petitioners to receive the compensation.
3. The case of the petitioners is, that several similarly placed persons had approached this Court and this Court has issued a direction by quashing the award proceedings holding that respondent – Special Land Acquisition Officer has to pass a fresh award under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short, ‘New Act’). Petitioners have placed reliance on the order dated 21.07.2016 passed in W.P.Nos.23524-537/2014 & 26802-807/2014 in this regard. Copy of this order is produced at Annexure-H. As per the said order, it has been observed that compensation amount in respect of majority of land holdings were not deposited as on the date of commencement of the New Act (01.01.2014), and therefore, compensation was required to be determined as per the provisions of the New Act. A finding has been also recorded that in respect of majority of the lands acquired for the project, compensation had not been deposited. The impugned award notices were quashed and respondent no.4 therein – Special Land Acquisition Officer, Tumkur Rayadurga New Broad Gauge Railway Project has been directed to pass the award re- determining the compensation in accordance with the New Act. Petitioners herein have sought similar relief.
4. Learned Additional Government Advocate appearing for respondents 1 to 4 submits on instructions from respondent no.4 and indeed files a memo along with letter dated 04.07.2017 addressed by the Special Land Acquisition Officer, that the instant case will also be considered in the light of the judgment rendered by this Court in the connected writ petitions viz., W.P.Nos.23524-537/2014 & 26802-807/2014 dated 21.07.2016.
5. Learned Counsel for the petitioners submits that the writ petition may be disposed of recording the memo filed by respondent no.4 with a direction to respondent no.4 to pass the award re-determining the compensation in accordance with the New Act.
6. In the light of the above, these writ petitions are allowed in part. The impugned notices are set aside. Respondent no.4 is directed to pass fresh award in terms of the direction already given by this Court in W.P.Nos.23524-537/2014 & 26802- 807/2014 dated 21.07.2016, as expeditiously as possible.
Sd/- JUDGE KK