IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION Nos.55208-55226 OF 2017 (LA – RES) BETWEEN:
1. SMT. SUVARNA W/O LATE S.H. RAMEGOWDA AGED ABOUT 48 YEARS LAC NO.192/06 2. SMT. BETTAMMA W/O HANUMANTHE GOWDA AGED ABOUT 75 YEARS LAC NO.190/06 3. SMT. DEVAMMA W/O BETTE GOWDA AGED ABOUT 50 YEARS LAC NO.217/06 4. SRI. D. HANUMANTHE GOWDA S/O NARASEGOWDA @ DODDA SWAMY GOWDA AGED ABOUT 75 YEARS LAC NO.246/06 5. SRI. DEVARAJU S/O BETTEGOWDA AGED ABOUT 58 YEARS LAC NO.227/06 6. SRI. CHIKKAPAPE GOWDA S/O CHELUVEGOWDA AGED ABOUT 78 YEARS LAC NO.142/06 7. SRI. NARASIMHE GOWDA S/O PATEL BETTE GOWDA AGED ABOUT 58 YEARS LAC NO.216/06 8. SMT. ANKAMMA W/O NANJE GOWDA AGED ABOUT 80 YEARS LAC NO.156/06 9. SMT. KALYANAMMA W/O PAPE GOWDA AGED ABOUT 65 YEARS LAC NO.220/06 10. SMT. SAKAMMA LATE CHENNEGOWDA AGED ABOUT 63 YEARS LAC 194/06 11. SMT. BETTAMMA W/O LATE CHIKKANNA AGED ABOUT 68 YEARS LAC NO.182/06 12. SRI. RAMESHA S/O LATE HANUMANTHE GOWDA AGED ABOUT 38 YEARS LAC NO.193/06 13. SRI. MARISWAMY GOWDA S/O UGRE GOWDA AGED ABOUT 74 YEARS LAC NO.242/06 14. SRI. KRISHNEGOWDA S/O BETTEGOWDA AGED ABOUT 55 YEARS LAC NO.179/06 15. SMT. SAKAMMA W/O LATE KARIGOWDA AGED ABOUT 60 YEARS LAC NO.228/06 16. SMT. BETTAMMA W/O LATE PUTTASWAMY GOWDA AGED ABOUT 50 YEARS LAC NO.151/06 17. SMT. BETTAMMA W/O CHELUVE GOWDA AGED ABOUT 62 YEARS LAC NO.230/06 18. SMT. LAKSHMAMMA W/O LATE S.M.KRISHNE GOWDA AGED ABOUT 50 YEARS LAC NO.187/06 19. KRISHNE GOWDA S/O CHIKKA BETTE GOWDA AGED ABOUT 52 YEARS LAC NO.239/06 ALL ARE R/O SANABA VILLAGE CHINAKURULI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT …PETITIONERS (BY SRI. P.MAHESHA, ADV.) AND:
1. THE SPECIAL LAND ACQUISITION OFFICER MANDYA – 571 401 MANDYA DISTRICT 2. THE MANAGING DIRECTOR CAVERI NEERAVARI NIGAMA LTD SURFACE WATER DATA CENTER BUILDING 3RD AND 4TH FLOOR ANANDRAO CIRCLE BENGALURU – 9 …RESPONDENTS (BY SRI. V.KRISHNA REDDY, HCGP FOR R1; SRI. K.S. BHEEMAIAH, ADV. FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITY THE LAND ACQUISITION OFFICER, MANDYA, TO CONSIDER THE APPLICATION OF THE PETITIONERS FILED FOR AWARD OF DAMAGES FROM 1993 AND 2002 (DATE OF DISPOSSESSION TILL DATED 4(1) NOTIFICATION DATED 10.06.2010 VIDE ANNEXURE – C1 TO C19, AND DIRECT THE RESPONDENT AUTHORITY TO PAY THE DAMAGES AS PER THE DIRECTIONS OF THE HON’BLE SUPREME COURT VIDE ANNEXURE – B AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though this writ petition is listed for orders, with the consent of learned counsel on both sides, it is heard finally.
2. Petitioners have sought a direction to the first respondent authority to consider their applications seeking award of damages on account of dispossession from their lands prior to the issuance of Preliminary Notification under Section 4(1) of the Land Acquisition Act, 1894. The representations are at Annexures –C1 to C19.
3. Learned counsel for petitioners submit that having regard to the dicta of the Hon’ble Supreme Court in the case of R.L.Jain (deceased) by LRs’ Vs DDA and others reported in (2004) 4 SCC 79 and in the case of The Special Land Acquisition Officer Vs Karigowda and others (Civil Appeal No.3838/2010) reported in (2010) 5 SCC 708 petitioners are entitled to consideration of their case for damages.
4. Learned Additional Government Advocate appearing for respondent No.1 and learned counsel appearing for respondent No.2 submit that if this Court is to issue a direction, said representations would be considered in the light of the judgments of the Supreme Court and in accordance with law.
5. In the circumstances, respondent No.1 is directed to consider the representations made by petitioners in an expeditious manner, within a period of two months from the date of receipt of certified copy of this order and to pass a speaking order thereon and communicate the same to petitioners and respondent No.2. Thereafter, respondent No.2 to take necessary steps for deposit of the amount of damages, with the first respondent, in case, an order is made to the effect that petitioners are entitled to damages.
With the aforesaid observations and directions Writ Petitions are disposed off.
Sd/- JUDGE KLY/