IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.48067 OF 2017 C/W WRIT PETITION NO.48066 OF 2017 AND WRIT PETITION NO.48068 OF 2017 (LA-RES) In W.P. No.48067/2017 BETWEEN:
Union of India Represented by The Deputy Chief Engineer (Construction), South Western Railway, #18, Millers Road, Bengaluru – 560 001.
… Petitioner (By Sri. N.S. Sanjay Gowda, Advocate) AND:
1. Sri. Lokesh S/o late Thimmegowda, Aged about 42 years And R/at Gavenahalli Village, Kasaba Hobli, Hassan Taluk, Hassan District, Karnataka – 571 101.
2. State of Karnataka by The Special Land Acquisition Officer Bengaluru – Hassan Railway Project, Hassan – 571 101.
…Respondents (By Sri. E.S. Indiresh, AGA for R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution Of India, praying to quash the judgment and award dated 03.12.2014 passed in LAC No.215/2011 by II Additional Senior Civil Judge and JMFC, Hassan, (Annexures-A and B) and etc., In W.P.No.48066/2017 BETWEEN:
Union of India Represented by The Deputy Chief Engineer (Construction), South Western Railway, #18, Millers Road, Bengaluru – 560 001.
… Petitioner (By Sri. N.S. Sanjay Gowda, Advocate) AND:
1. Smt. Rangamma W/o Annegowda, Aged about 71 years, And R/at Gavenahalli Village, Kasaba Hobli, Hassan Taluk, Hassan District, Karnataka – 571 101.
2. State of Karnataka by The Special Land Acquisition Officer Bengaluru – Hassan Railway Project, Hassan – 571 101.
…Respondents (By Sri. E.S. Indiresh, AGA for R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution Of India, praying to quash the judgment and award dated 03.12.2014 passed in LAC No.213/2011 by II Additional Senior Civil Judge and JMFC, Hassan, (Annexures-A and B) and etc., In W.P. No.48068/2017 BETWEEN:
Union of India Represented by The Deputy Chief Engineer (Construction), South Western Railway, #18, Millers Road, Bengaluru – 560 001.
… Petitioner (By Sri. N.S. Sanjay Gowda, Advocate) AND:
1. Sri. Goundegowda S/o Rangegowda, Aged about 51 years, And R/at Gavenahalli Village, Kasaba Hobli, Hassan Taluk, Hassan District, Karnataka – 571 101.
2. State of Karnataka by The Special Land Acquisition Officer Bengaluru – Hassan Railway Project, Hassan – 571 101.
…Respondents (By Sri. E.S. Indiresh, AGA for R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution Of India, praying to quash the judgment and award dated 03.12.2014 passed in LAC No.216/2011 by II Additional Senior Civil Judge and JMFC, Hassan, (Annexures-A and B) and etc., These Writ Petitions coming on for Orders this day, the Court made the following:-
ORDER Sri. Sanjay Gowda N.S, learned Counsel for the petitioner.
Sri.E.S.Indiresh, learned Additional Government Advocate for respondent No.2.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent No.1 in all the petitions.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the same are heard finally.
2. In these writ petitions, under Articles 226 and 227 of the Constitution of India, petitioner, inter alia, has assailed the validity of the award dated 03.12.2014 passed by the II Additional Senior Civil Judge and JMFC, Hassan in LAC Nos.215/2011, 213/2011 and 216/2011.
3. When the matters were taken up today, learned counsel for the petitioner submitted that the petitioner is the beneficiary in respect of the lands in question and in view of the law laid down by the Hon’ble Supreme Court in U.P. Awas Evam Vikas Parishad Vs. Gyan Devi (Dead) by LRs.[(1995) 2 SCC 326], the petitioner ought to have been impleaded in the proceedings before the Reference Court. However, the impugned award has been passed and the amount of compensation has been enhanced without affording any opportunity of hearing to the petitioner.
4. It is also alleged that the impugned order has been passed in contravention of the law laid by the Hon’ble Supreme Court. In respect of aforesaid aspect of the matter, the same would not be disputed by the learned Additional Government Advocate.
5. In view of the aforesaid submission and in view of the law laid down by the Hon’ble Supreme Court in the case of U.P. Awas Evam Vikas Parishad, supra and taking into account the fact that the petitioner, who is a beneficiary, was not impleaded in the proceedings before the Reference Court, the impugned award dated 03.12.2014 is hereby quashed and set aside and the matters are remanded to the Reference Court to decide the claim of respondent No.1 in all the petitions afresh by a speaking order expeditiously, after affording an opportunity of hearing to the petitioner within a period of eight months from today.
Accordingly, the petitions are disposed of.
Sd/- JUDGE dn/-