IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION NO.5004/2019 (LA - RES) AND WRIT PETITION NOs.6551-6554/2019 Between:
1. Basavaraju, S/o Sidda Nanjaiah, Aged about 73 years, 2. Vijaya Kumar, S/o Sidda Nanjaiah, Aged about 43 years, 3. Rathnamma, D/o late Gangamma, Aged about 49 years, 4. Suvarnamma I.G., D/o late Gangadharaiah, Aged about 45 years, 5. Shylaja, W/o late I.B.Gangadharaiah, Aged about 58 years, All are R/a Idakanahalli Village, Nittur Hobli, Gubbi Taluk, Tumkur District – 572 223. …Petitioners (By Sri.Yogesh V Kotemath, Adv., for Sri.Virupakshaiah P.H., Adv.,) And:
1. The State of Karnataka, Represented by its Principal Secretary, Revenue Department, M.S. Building, Bangalore – 560 001.
2. The Deputy Commissioner, Tumakuru District, Tumakuru – 572 101.
3. The Special Land Acquisition Officer, Hemavathi Canal Zone, Tumakuru – 572 101. ...Respondents (By Sri.Dildar Shiralli, HCGP for R1-R3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the R-3 authority to consider the representation dated 01.12.2018 vide Annexure – C and release the amount of compensation in favour of the petitioners expeditiously as determined by orders dated 26.10.2017 vide Annexures - B1 to B6.
These petitions coming on for Preliminary Hearing this day, the Court made the following:
ORDER Heard.
Issue notice to the respondents. Learned HCGP accepts notice for respondent Nos. 1 to 3.
2. Though these writ petitions are listed for preliminary hearing, with the consent of the learned counsel on both sides, they are heard finally.
3. Petitioners have sought a direction to the third respondent to consider their representation dated 01.12.2018, a copy of which is at Annexure `C’ and to release the pre-determined compensation in favour of the petitioners expeditiously as per orders dated 26.10.2017 vide Annexures - B.1 to B.6.
4. It is the case of the petitioners that they are permanent residents of Idakanahalli village, Nittoor Hobli, Gubbi Taluk, Tumakuru District, and they are agriculturists. That the third respondent acquired several lands in the said village for the purpose of Hemavathi canal. Preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the `Act’ for the sake of brevity) was issued, which was followed by a final notification under Section 6(1) of the Act. The third respondent passed an award on 15.03.1994 bearing No.SLAO.SR(THU)1/89-90 and compensation was disbursed to the petitioners under the said award. That several land owners sought reference under LAC 202/06 before the Civil Judge, Senior Division, Gubbi, seeking enhancement of compensation. The said Court passed a judgment and award on 06.10.2015, partly allowing the reference and enhancing the compensation. The petitioners herein had not sought for enhancement of compensation, but instead filed an application under Section 28-A of the Act seeking redetermination of the amount of compensation under the Act. The third respondent by order dated 26.10.2017 has redetermined the compensation payable to the petitioners. The grievance of the petitioners is that, the said redetermined amount has not been paid as yet to them. Therefore, they have made a representation dated 01.12.2018 at Annexure `C’. Since the same has also not been considered as yet, a direction is sought in this regard.
5. I have heard the learned counsel for the petitioners and the learned HCGP and perused the material on record.
6. Having regard to the fact that there has been redetermination of compensation as per order dated 26.10.2017, vide Annexures B1 to B6 and the same has not yet been released to the petitioners, petitioners have sought for release of the same by making a representation dated 01.12.2018 (Annexure `C’). Even that representation has not yet been considered by the third respondent. In the circumstances, a direction is issued to the third respondent to consider the representation dated 01.12.2018 seeking release of the amount of compensation in their favour. The said representation shall be considered by the third respondent within a period of two months from the date of receipt of the certified copy of this order.
With the aforesaid observations and directions, the writ petitions are disposed off.
Sd/- JUDGE mgn/-