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.50248/2019 (LA-RES) BETWEEN:
Sri.M.S. Athmananda, S/o late Shivananjappa, Aged about 69 years, R/at No.2074, “Shivaleela”, 1st Cross, Subhash Nagar, Mandya – 571 401. … Petitioner (By Sri.Shashidhara H.N., Adv.) AND:
1. The State of Karnataka, Public Works Department, Represented by its, Principal Secretary, Vidhana Soudha, Bengaluru – 560 001.
2. The Secretary, PWD & Port and Inland Department, Public Works Department, K.R.Circle, Bengaluru – 560 001.
3. The Assistant Commissioner (Land Acquisition), Bengaluru Division, Karnataka Highways Department, K.R.Circle, Bengaluru – 560 001. … Respondents (By Sri.E.S.Indiresh, AGA) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to pay the compensation to the petitioner in respect of the petitioners land measuring 16.04 guntas in Sy.No.748 of Mandya Village, Kasaba – 1 for having acquired for the Karnataka State Highway No.84, Link No.57C (Second Milestone) along with interest at 15 percent per annum, in pursuance to the award notice dated 25.04.2015 and etc.
This writ petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Learned Additional Government Advocate accepts notice for respondents.
2. The petitioner has sought for the following reliefs:
(a) Issue a writ of mandamus directing the respondents to pay the compensation to the petitioner in respect of the petitioner’s land measuring 16.04 guntas in Sy.No.748 of Mandya Village, Kasaba-1 for having acquired for the Karnataka State Highway No.84, Link No.57C (Second Milestone) along with interest @ 15% per annum, in pursuance to the award notice dated 25.04.2015.
(b) Issue a writ of mandamus directing the respondents to refer the matter to Civil Judge for determination of compensation as per the representation dated 29.06.2016 and 11.10.2019 produced as Annexure-M,N,P,Q and V to the writ petition”
3. It is the grievance of the petitioner that the respondents neither deposited the compensation amount towards the acquisition of the lands of the petitioner to the Highway No.30 Project nor the representations submitted by him dated 29.06.2015 and 11.10.2019 as per Annexures-M, N, P, Q and V have been considered.
4. The petitioner had earlier approached this Court in W.P. Nos.294-295/2018 challenging the endorsement dated 13.11.2017 issued by the Assistant Commissioner (Land Acquisition) Bangalore Division, Karnataka Highways Department, Bangalore rejecting the objection and representation of the petitioners inasmuch as the acquisition of the land in question i.e., 16.04 guntas in Sy. No.748 situated at Mandya Village, Mandya Taluk, whereby it was categorically observed that the writ petitions have become infructuous, however, the petitioners of course are free to receive their compensation, which is said to have been deposited in the Court by the respondent-State. It is the grievance of the petitioner that the compensation amount has not been deposited till date by the respondent-State.
5. In the circumstances, respondent-State is directed to consider the representation of the petitioner dated 11.10.2019 at Annexure-V and take a decision in accordance with law in an expeditious manner, in any event, not later than eight weeks from the date of receipt of certified copy of this order.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE MBM