IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.53846-53847/2018 (LA-RES) BETWEEN 1. Sri.Shivappa Son of late Siddappa, Aged about 50 years, 2. Sri.Mahadevappa Son of Late Siddappa, Aged about 74 years, (Senior citizenship benefits not claimed), Both are the residents of Bookahally Village, Bookanakere Hobli, K.R.Pet Taluk, Mandya District – 571 812 (By Sri V.S.Dhananjaya, Advocate) …Petitioners AND 1. The Assistant Executive Engineer Public Works Department, T.B.Circle, Mysuru – Channarapattana Main Road, Krishnarajapete Town, Mandya District – 571 426.
2. The Special Land Acquisition Officer Assistant Commissioner Office, 1st floor, Mini Vidhana Soudha, Pandavapura Town, Pandavapura Taluk, Mandya District – 571 434 3. Deputy Commissioner Mandya District – 571401. …Respondents (By Sri Dildar Shiralli, HCGP) These writ petitions are filed under Article 226 of the Constitution of India praying to issue directions to the R-1 to submit the proposals for the payment of all kinds of compensations to the petitioners in respect of their lands, crops, horticultural trees and other damages from the date of taking possession of the lands in which without notifications the lands acquired and possession was already taken and etc., These writ petitions coming on for Preliminary Hearing this day, the court made the following:-
ORDER The petitioners claiming to be the land losers in acquisition are before this Court seeking a Writ of Mandamus to the respondents to pay to them the compensation and also extend the package benefits as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act of 2013. They complain that though they have made several representations, the jurisdictional respondents have not considered the same and that there is no justification whatsoever for such non-consideration.
2. Sri Dildar Shiralli, learned High Court Government Pleader on request having accepted the notice for respondents submits that the credentials of the petitioners as to they being the land losers in the subject acquisition need to be ascertained and that there would be no impediment for consideration of the petitioners’ representations seeking the benefit as mentioned above in accordance with law, if a reasonable period is prescribed. Petitioners have placed some material on record to prima facie show that their lands have been acquired. However, this is a matter to be gone into by the official respondents.
3. In the above circumstances, these writ petitions succeed; a Writ of Mandamus issues to the respondents to consider the representations/claim of the petitioners for grant of monitory and other rehabilitatory benefits in accordance with law, within a period of three months and further, to inform the petitioners individually of the result of such consideration forthwith.
4. It is open to the respondents to solicit or seek any information or documents from the side of the petitioners as are required for due consideration of the subject representations; however, no delay would be brooked in the guise of any such information being sought for.
No costs.
Sd/- JUDGE KPS