IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI W. P. NO.28023 OF 2019 (LA-RES) BETWEEN SRI THIMMEGOWDA S/O LATE KARIGOWDA, AGED ABOUT 70 YEARS RESIDENT OF CHOWDENAHALLY VILLAGE, BOOKANAKERE HOBLI, KR PET TALUK, MANDYA DIST. 571426 ... PETITIONER (By Sri DHANANJAYA.V.S., ADVOCATE) AND 1. THE ASSISTANT EXECUTIVE ENGINEER, KAVERI NEERAVARI NIGAMA LTD., #10 HLBC OF THE KIKKERI OFFICE & VILLAGE, KIKKERI HOBLI, KR PET TALUK, MANDYA DISTRICT, PIN CODE 571426 2. THE SPECIAL LAND ACQUISITION OFFICER DEPUTY COMMISSIONERS OFFICE 1ST FLOOR, MANDYA MANDYA DISTRICT, PIN CODE 571401 3. DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA – 571 401 ... RESPONDENTS (By Sri E S INDRESH, AGA) *** THIS WP FILED PRAYING TO ISSUE A WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDER OR ANY DIRECTION TO THE R-1 TO SUBMIT THE PROPOSALS FOR THE PAYMENT OF ALL KINDS OF COMPENSATIONS TOTHE PETITIONERS IN RESPECT OF THIER 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 TAKEN AS PER THE ANNEXURE-B TO B3 AND E DTD:1.7.2017 AND 21.12.2017 AND DIRECT TO THE R-2 AND 3 TO PAY THE ALL KINDS OF COMPENSATIONS TO THE PETITIONERS IN RESPECT OF THE LANDS, CROPS, HORTICULTURAL TREES AND OTHER DAMAGES FROM THE DATE OF TAKING POSSESSION OF THE LANDS AS PER THE NEW LAND ACQUISITION ACT NO.30/2013 AS PER THE ANNEXURE-B AND B3 AND E DTD:1.7.2017 AND 21.12.2017, ETC., THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER State counsel accepts notice for respondents.
2. Petitioner has sought for the following reliefs: “(1) Issue a writ of mandamus or similar writ or order or any direction to the R1 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 taken as per the annexure-B to B3 and E dtd:1.7.2017 And 21.12.2017;
(2) And also Issue a writ of mandamus or similar writ or order or any direction to the R-2 and 3 to pay the all kinds of compensations to the petitioners in respect of the lands, crops, horticultural trees and other damages from the date of taking possession of the lands as per the new land acquisition act no.30/2013 as per the annexure-B and B3 and E dtd:1.7.2017 and 21.12.2017.”
2. The concerned respondent is hereby directed to take decision on the petitioner’s grievances stated in his representations and pass a speaking order, whether the petitioner is entitled to any compensation as sought for in his representation or not. Such a speaking order shall be communicated to the petitioner at the earliest. The said exercise shall be completed within eight weeks from the date of receipt of the copy of this order.
4. Accordingly, this writ petition is disposed off.
Sd/- JUDGE VK