IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.9927 OF 2019 (LA-RES) & W.P.NOs.44885-44901 OF 2019 BETWEEN:
1. Sri Kumar Shetty, S/o Channashetty, Aged about 48 years.
2. Sri Mahadevashastry, S/o Srikanta Shastry, Aged about 50 years.
3. Sri Puttaswamachari, S/o Kalachari, Aged about 57 years.
4. Smt Renukamma, W/o Nagarajegowda, Aged about 42 years.
5. Sri Chandre Gowda, S/o Nanje Gowda, Aged about 48 years.
6. Sri Uggre Gowda, S/o Narasimha Gowda, Aged about 43 years.
7. Smt Lakshmamma, W/o Lakshma Bovi, Aged about 56 years.
8. Smt Ningarajamma, W/o. Dodde Gowda, Aged about 51 years.
9. Sri Krishna Shetty, S/o Thimma Shetty, Aged about 57 years.
10. Sri Venkatesh Moorthy, S/o Venkataramaiah, Aged about 46 years.
11. Sri Karishetty S/o Kalashetty, Aged about 50 years.
12. Smt Eeramma, W/o Rame Gowda, Aged about 43 years.
13. Smt Malligamma, W/o Nanje Gowda, Aged about 55 years.
14. Sri Maalige Gowda, S/o Puttajavare Gowda, Aged about 48 years.
15. Sri K.H.Nanje Gowda, Since dead LRs. shown below 15(i) Smt Saraswati D/o Nanje Gowda, Aged about 35 years.
15(ii) Smt Asha D/o Nanje Gowda, Aged about 38 years.
15(iii) Sri Harish S/o Nanje Gowda, Aged about 42 years.
16. Sri.K.S.Shivananje Gowda, Since dead LRs. brought on record 16(i) Smt Puttamma W/o late K.S.Shivananje Gowda Aged about 62 years 16(ii) Sri Swamy S/o late K.S.Shivananje Gowda Aged about 40 years 16(iii) Sri Sridhara S/o late K.S.Shivananje Gowda Aged about 40 years 16(iv) Sri Manje Gowda S/o late K.S.Shivananje Gowda Aged about 34 years 16(v) Sri K Harish S/o late K.S.Shivananje Gowda Aged about 36 years.
17. Smt.Sarojamma W/o late Dasashetty Since dead LRs. brought on record 17(i) Sri Manja Shetty S/o late Dasashetty Aged about 45 years 17(ii) Sri Belur Shetty S/o late Dasashetty Aged about 42 years.
18. Smt Kaalamma W/o late Channashetty Since dead brought LRs. on record 18(i) Belur Shetty S/o Late Channa Shetty.
All are residing at Kallenahalli village, Dandiganahalli Hobli, Channarayapatna Taluk, Hassan District-573211. …Petitioners (By Sri.Rajarama Sooryambail, Advocate) AND:
The Special Land Acquisition Officer, Hemavathi Irrigation Project-II Office at Deputy Commissioner’s Office Building, Hassan-573116. …Respondent (By Sri.E.S.Indiresh, AGA) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order issued vide Anexures-A, B and C dated 16.1.2018 and C1 dated 28.2.2018 issued by respondent and C2 dated 28.8.2018 and pass appropriate orders thereon, in accordance with law.
These Writ Petitions coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Learned Additional Government Advocate accepts notice for respondent.
2. Learned counsel appearing for the parties submitted ad-idem that the issue involved herein, is squarely covered by the ruling of this Court in W.P. No.27920/2018 and allied matters disposed of on 07.12.2018.
3. The said submission is placed on record.
4. In view of the aforesaid, writ petitions stand disposed of in terms of the order referred to above.
The order dated 16.01.2018 at Annexures-A, B, C as well as order dated 28.02.2018 at Annexures-C1 and C2 passed by the respondent are hereby quashed. The respondent-Special Land Acquisition Officer is directed to refer petitioners’ claim for determination of compensation under Section 18(1) of the Land Acquisition Act to the Jurisdictional Reference Court, within a period of eight weeks. The Reference Court is hereby directed to hear and dispose of the said reference after notice to all stakeholders including the beneficiary of the land acquired, in an expeditious manner, in any event not later than nine months.
Sd/- JUDGE MBM