IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.831/2016 (LA) BETWEEN:
1. UNION OF INDIA BY ITS SECRETARY DEPARTMENT OF DEFENCE NO.104, SOUTH BLOCK NEW DELHI-110 001 2. ELECTRONICS & RADAR DEVELOPMENT ESTABLISHMENT GOVERNMENT OF INDIA MINISTRY OF DEFENCE DEFENCE DEVELOPMENT & DEVELOPMENT ORGANISATION P.B.NO.9324, C.V.RAMAN NAGAR BENGALURU-560 093 3. THE DEFENCE ESTATE OFFICER KARNATAKA & GOA CIRCLE KAMARAJ ROAD BENGALURU-560 093 ...APPELLANTS (BY SRI PRABHULING K.NAVADGI, ASG FOR SRI B.PRAMOD, CGC) AND:
1. SRI M.V.VISVESVARAYA EDUCATION TRUST (R) RGC COMPOUND CHOLANAGAR R.T.NAGAR POST BENGALURU-560 032 REP. BY ITS CHAIRMAN SRI P. SADASIVAN S/O. LATE PADMANABHAN AGED ABOUT 81 YEARS 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT-563 101 3. STATE OF KARNATAKA BY ITS SECRETARY DEPARMTMENT OF LAND REVENUE M.S.BUILDING BENGALURU-560 001 …RESPONDENTS (BY SRI MAHESH R. UPPIN, ADVOCATE FOR R1; SMT.R.ANITHA, HCGP FOR R2 & R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 09.02.2016 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.12789/2013 ON IA.NO.1/2016.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
J U D G M E N T This appeal by the Union of India is directed against the order dated 09.02.2016 clarifying the order dated 24.02.2014 passed by the Hon’ble Single Judge in WP.No.12789/2013 on IA.No.1/2016.
2. For the sake of convenience, parties shall be referred to as per their status before the Hon’ble Single Judge.
3. We have heard Sri Prabhuling K.Navadgi, learned Additional Solicitor General appearing for the Union of India, Sri Mahesh R. Uppin, learned Counsel for respondent No.1 and Smt.R.Anitha, learned High Court Government Pleader for respondent Nos.2 and 3.
4. The petitioner approached the Hon’ble Single Judge with a prayer to quash communication dated 24.02.2011 whereby the Union of India had directed the petitioner not to carry out any activities or to put up any construction by invoking provision of the Works of Defence Act, 1903 (‘the Act’ for short) along with an alternative prayer to direct the Union of India to acquire the land and to pay the compensation.
5. After contest, Hon’ble Single Judge disposed of the petition directing the respondents to take steps in accordance with law and to complete the acquisition proceedings.
6. By the impugned clarificatory order, the Hon’ble Single Judge has made certain observations inter alia directing the Union of India to acquire the land if necessary and to pay the compensation and damages.
7. Sri Mahesh R. Uppin, learned Counsel for respondent No.1 submits that the Union of India is aggrieved by the observations made in the impugned clarificatory order and also by the direction given to it in acquiring the land. It is submitted that as provided under Section 12 of the Act, it is the Collector/Deputy Commissioner of the District, who is required to hold inquiry and to pass an award in accordance with law. This position of law is not disputed by the learned Additional Solicitor General.
8. In the circumstance, in our view, ends of justice would be met by directing respondent No.2–the Deputy Commissioner, Kolar District to initiate action under Section 12 of the Act and to complete the proceedings in accordance with law within an outer limit of one year wholly uninfluenced by the observations made in the clarificatory order and pay compensation.
9. Having gone through the observations made in the clarificatory order dated 09.02.2016, in our opinion, the same are uncalled for and the same are set aside. The appeal is accordingly disposed of. The order dated 09.02.2016 passed by the Hon’ble Single Judge in WP.No.12789/2013 on IA.No.1/2016 is set aside.
In view of disposal of the writ appeal, IA.Nos.2/2016 and 1/2018 do not survive for consideration and the same are accordingly disposed of.
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ACTING CHIEF JUSTICE Sd/-
JUDGE LB