IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.42422 OF 2017 (LA-RES) BETWEEN:
UNION OF INDIA, REPTD BY DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTH WESTERN RAILWAY, CANTONMENT RAILWAY STATION, BANGALORE-560 046. ... PETITIONER (BY SRI C.BABU, ADV.) AND:
1. THE SPECIAL LAND ACQUISITION OFFICER, 3RD FLOOR, PODIUM BLOCK, V.V.TOWER, DR.AMBEDKAR VEEDHI, BANGALORE-560 001.
2. SMT.G.GEETHA, W/O K.HARI, R/AT NO.419, 1ST FLOOR, 6TH MAIN, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BANGALORE-560086. ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA. FOR R1 SRI B.C.SEETHA RAMA RAO, ADV. FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT AND AWARD DATED 21.8.2012 PASSED BY THE ADDL. SR.CIVIL JUDGE, RAMANAGARA IN FAVOUR OF R-2 IN LAC NO. 138/2011 AT ANNEX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri C.Babu, learned counsel for the petitioner.
Sri.E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri B.C.Seetharama Rao, learned counsel for respondent No.2.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks quashment of judgment and award dated 21.08.2012 passed in LAC No.138/2011 by the Additional Senior Civil Judge, Ramanagara.
3. The facts giving rise to filing of the Writ Petition briefly stated are that a notification under Section 4(1) of the Land Acquisition Act (‘the Act’ for brevity) was issued for acquisition of lands in question for Bengaluru-Hassan Railway project. The Land Acquisition Officer passed an award on 08.04.2009 determining the market value of the lands. Respondent No.2 filed an application on 04.02.2010 under Section 18 of the Act. It is pertinent to mention that in the aforesaid proceedings, the petitioner who is beneficiary of the acquisition was not impleaded as respondent. By an order dated 21.08.2012, the application filed by respondent No.2 under Section 18 of the Act was allowed and the amount of compensation was enhanced, without issuing any notice to the petitioner. Thereafter, the petitioner has been asked to deposit the enhanced amount of compensation. In the aforesaid factual background, the petitioner has approached this Court.
4. The learned counsel for the petitioner by placing reliance on the decision of the Supreme Court in U.P. AWAS EVAM VIKAS PARISHAD V. GYAN DEVI (AIR 1995 SC 724) submitted that the beneficiary was a necessary party to the proceedings under Section 18 of the Act and therefore, in the absence of the petitioner, the proceedings for enhancement are vitiated by law. Sri.E.S.Indiresh, learned Additional Government Advocate has fairly not opposed the aforesaid well settled legal proposition.
5. In view of the aforesaid enunciation of law by the Supreme Court as well as taking into account the fact that admittedly the petitioner who is a beneficiary was not a party to the proceedings under Section 18 of the Act and the amount of compensation has been enhanced in its absence, the impugned judgment dated 21.08.2012 passed in LAC No.138/2011 is hereby set aside and the matter is remitted to the Court below to decide the proceedings under Sections 18(1) as well as 18(3) of the Act, expeditiously, after affording an opportunity of hearing to the petitioner. The admitted amount of compensation as determined by the Land Acquisition Officer shall be paid by the Railways to respondent No.2.
Accordingly, the petition is disposed of.
Sd/- JUDGE PKS