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.64709-710/2016 C/w W.P.Nos.576-577/2017, W.P.Nos.895-897/2017, W.P.Nos.1009-1011/2017 (LA-RES) IN W.P.Nos.64709-710/2016:
BETWEEN 1. SRI RANGASWAMAIAH, S/O LATE RAMAIAH, AGED ABOUT 65 YEARS, R/AT DIBBUR, TUMKUR TALUK-572101.
2. SMT.JAYAMMA, W/O LATE NARASAIAH, AGED ABOUT 45 YEARS, R/AT DIBBUR, TUMKUR TALUK-572101. ... 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 VIDHANASOUDHA, 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 DATED 3.12.2013 ISSUED BY R-4 THE SPECIAL LAND ACQUISITION OFFICER, TUMKUR - RAYADURGA BROAD GAGE RAILWAY PROJECT IN RESPECT OF SY.NO.18/1 MEASURING 06 GUNTAS OF LAND, SITUATED AT DIBBUR [PART-I] VILLAGE, AT ANNEX-E AND ETC.
IN W.P.Nos.576-577/2017:
BETWEEN 1. SRI H.NAGARAJU, S/O HANUMANTHAIAH, AGED ABOUT 50 YEARS, R/AT DIBBUR, TUMKUR TALUK-572 101.
2. SMT.MANGALAGOWRAMMA, W/O LATE NARASEGOWDA, AGED ABOUT 60 YEARS, R/AT DIBBUR, TUMKUR TALUK-572 101. ... PETITIONERS (By Sri V.B.SIDDARAMAIAH, ADV.) AND 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S.BUILDING, D.R.B.R.AMBEDKAR VEEDHI, BANGALORE-560 001 REP BY ITS PRINCIPAL SECRETARY.
2. THE DPEUTY COMMISSIONER, TUMKUR DISTRICT, MINI VIDHANASOUDHA, TUMKUR-572 101 3. THE REGIONAL COMMISIONER REVENUE DEPARTMENT, BANGALORE DIVISION, 2ND FLOOR, BMTC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027.
4. THE SPECIAL LAO, TUMKUR-RAYGADURGA NEW BROAD GAGE RAILWAY PROJECT, MINI VIDAN SOUDHA, TUMKUR-572105.
5. THE GENERAL MANAGER, SOUTH-WESTERN RAILWAYS, KESHAVAPURA, HUBLI-580 023. ... RESPONDENTS (By Sri VENKATESH DODDERI, AGA R1 TO 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 R-4 - THE SPECIAL LAND ACQUISITION OFFICER, TUMKUR-RAYADURGA BROAD GAGE RAILWAY PROJECT IN RESPECT OF SY NO.6/13 MEASURING 16½ GUNTAS OF LAND SITUATED AT DIBBUR [PART- II] VILLAGE VIDE ANNEXURE-E AND ETC.
IN W.P.Nos.895-897/2017:
BETWEEN 1. SRI D.K.RAMAIAH, S/O LATE KEMPAIAH, AGED ABOUT 73 YEARS, R/AT DIBBUR, DIBBUR POST, TUMKUR TALUK-572 101.
2. SRI RAJANNA, S/O NARASAIAH, AGED ABOUT 62 YEARS, R/AT # 10, DIBBUR, DIBBUR POST, TUMKUR TALUK-572 101.
3. SRI GOVINDAPPA, S/O RAMAIAH, AGED ABOUT 53 YEARS, WARD NO. 7, R/AT DIBBUR, DIBBUR POST, TUMKUR TALUK-572 101. ... 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-560 01.
REP. BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, MINI VIDHANA SOUDHA, TUMKUR-572 101.
3. THE REGIONAL COMMISSIONER, REVENUE DEPARTMENT, BANGALORE DIVISION, 2ND FLOOR, BMTC BUILDING, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027.
4. THE SPECIAL LAO, TUMKUR-RAYADURGA NEW BROAD GAGE RAILWAY PROJECT, MINI VIDHANA SOUDHA, TUMKUR-572 105.
5. THE GENERAL MANAGER, SOUTH-WESTERN RAILWAYS, KESHAVAPURA, HUBLI-580 023. ... RESPONDENTS (By Sri VENKATESH DODDERI, AGA FOR R1 TO 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 DTD 30.12.2013 ISSUED BY R-4, THE SPECIAL LAND ACQUISITION OFFICER, TUMKUR - RAYADURGA BROAD GAGE RAILWAY PROJECT IN RESPECT OF SY.NO.9/1B1 MEASURING 07 GUNTAS OF LAND, SITUATED AT DIBBUR [PART-II] VILLAGE, VIDE ANNX-E AND ETC.
IN W.P.Nos.1009-1011/2017 (LA-RES) BETWEEN 1. SRI GANGARAMAIAH, S/O LATE GANGANNA, AGED ABOUT 75 YEARS, R/AT DIBBUR, DIBBUR POST, TUMKUR TALUK AND DISTRICT-572106.
2. SMT.PREMA, W/O HANUMATHARAYAPPA, AGED ABOUT 42 YEARS, R/AT DIBBUR, DIBBUR POST, TUMKUR TALUK AND DISTRICT-572106.
3. SRI SHAMANNA, S/O LATE BYALAPPA, AGED ABOUT 76 YEARS, R/AT DIBBUR, DIBBUR POST, TUMKUR TALUK, TUMKUR 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 VIDHANASOUDHA, 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 RALILWAYS, KESHAVAPURA, HUBLI-580023. ... RESPONDENTS (By Sri VENKATESH DODDERI, AGA FOR R1 TO 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 R-4 - THE SPECIAL LAND ACQUISITION OFFICER, TUMKUR RAYADURGA BROAD GAGE RAILWAY PROJECT IN RESPECT OF SY NO.9/1A1 MEASURING 12 GUNTAS OF LAND, SITUATED AT DIBBUR [PART-II] VILLAGE VIDE ANNEXURE-E AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. In these writ petitions, petitioners are challenging the notices issued by the Special Land Acquisition Officer, Tumakuru-Rayadurga Railway Project, Tumakuru – respondent No.4.
2. By the said notices, petitioners have been informed to appear before the Land Acquisition Officer, to receive compensation in respect of the acquired portion of their lands by producing certain documents. Apparently, these awards are passed under the Land Acquisition Act, 1894.
3. According to the petitioners, they are entitled for payment of compensation as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘New Act’).
4. Learned Additional Government Advocate Mr. Venkatesh Dodderi who appears for respondents 1 to 4 files a memo dated 27.06.2017 enclosing the letter issued by the Special Land Acquisition Officer – respondent No.4 herein, thereby stating that the claim made by the petitioners would be considered for payment of compensation in accordance with the provisions of the New Act.
5. Memo is placed on record. Writ petitions are disposed of with a direction to the respondents to determine the compensation payable to the acquired lands by the petitioners in accordance with the provisions of the New Act and pay the same to the petitioners, as expeditiously as possible.
Sd/- JUDGE KK