IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION No.14477/2018 (LA-RES) Between:
Sri Lakshminarayanashetty, S/o Chikkanarasimhashetty, Aged about 60 years, R/at Sankapura Village, Nittur Hobli, Gubbi Taluk, Tumkuru District-572 222. ... Petitioner (By Sri. P.H.Virupakshaiah, Advocate) And 1. The State of Karnataka, Represented by its Principal Secretary, Revenue Department, M.S.Building, Bengaluru-560 001.
2. The Special Land Acquisition Officer Hemavathi Canal Zone, Tumakuru-572 101.
3. The Chief Engineer Hemavathi Canal Zone, Tumakuru-572 101. ... Respondents (By Sri. Dildar Shiralli, HCGP for R1 to R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct in the similar nature direct the learned Senior Civil Judge, Gubbi to consider the application filed by the petitioner under Section 18 of the Land Acquisition Act in respect of Sy.No.103/1 of M.N.Kote Village, Nittur Hobli, Gubbi Taluk, Tumakuru District Dated 20.01.1993 vide Annx-F and pass appropriate orders enhancing the compensation payable in favour the petitioner herein in LAC No.227/2010.
This Writ Petition is coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The short grievance of the petitioner relates to denial of right to claim enhancement of compensation by the Reference Court on the ground that his land in Sy.No. 103/1 of M.N.Kote Village, Nittur Hobli, Gubbi Taluk, Tumakuru District was not the subject matter of reference under Section 18 of the Land Acquisition Act, 1894.
2. The learned counsel for the petitioner brings to the notice of the Court, the contents of reference application wherein this land too is separately included and therefore, the Court below could not have denied the benefit of reference.
3. Sri. Dildar Shiralli, the learned High Court Government Pleader, on request having appeared for the respondents, fairly submits that even the land in question was also the subject matter of reference along with other land in Sy.No.28/3 of different village and therefore, there is error apparent on the face of the record in the impugned order to the extent the relief is denied to the petitioner. Fair stand of the State and its counsel are placed on record.
4. In view of the above, this writ petition succeeds in part; the impugned award to the extent it relates to the petition land in Sy.No.103 of M.N.Kote Village, Nittur Hobli, Gubbi Taluk, Tumakuru District at Annexure-G dated 14.11.2016 stands quashed; the matter is remitted to the Reference Court for consideration afresh after hearing the petitioner within an outer limit of six months, in accordance with law.
All contentions of the parties are kept open.
Sd/- JUDGE RB