IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.1001-003 OF 2018 (LA-KHB) BETWEEN:
1. SMT VENKATAMMA W/O LATE MARANARASAIAH AGED ABOUT 55 YEARS OCC: HOUSEHOLD AND AGRICULTURE R/O BHYALALU TAVAREKERE HOBLI BENGALURU TALUK BENGALURU – 572139 2. SMT CHIKKAHOMBAMMA W/O KEMPAIAH AGED ABOUT 55 YEARS OCC: HOUSEHOLD AND AGRICULTURE R/O BHYALALU TAVAREKERE HOBLI BENGALURU TALUK BENGALURU – 572139 3. SRI MUNIYAPPA S/O LATE MARAIAH AGED ABOUT 31 YEARS OCC: AGRICULTURE R/O BHYALALU TAVAREKERE HOBLI BENGALURU TALUK BENGALURU – 572139 (By SRI. KALEEMULLAH SHARIFF, ADV. FOR SMT. SUKANYA H D, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY LAND ACQUISITION DEPARTMENT M S BUILDING BANGALORE – 01.
… PETITIONERS 2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BENGALURU – 560 009 3. THE COMMISSIONER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BENGALURU – 560 009.
… RESPONDENTS (By Mr. V SHIVAREDDY, HCGP FOR R1 & 4 Mr. BASAVARAJ V SABARAD, ADV. FOR R2) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE GRIEVANCES OF PETITIONERS AND PAY THE COMPENSATION AMOUNT IN RESPECT OF LAND SURVEY NO.45/17 MEASURING 2 ACRE 20 GUNTS OF BHYALALU VILLAGE AN AWARD AMOUNT OF RS.2,71,84570/- AS PER ANNEXURE-N PASSED BY THE R-2 WITH 15% INTEREST AND WITH COST OF THESE PETITIONS; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Kaleemullah Shariff, learned counsel for Smt.Sukanya H.D., learned counsel for the petitioners.
Mr.V.Shivareddy, learned High Court Government Pleader for the respondent Nos.1 and 4.
Mr.Basavaraj V.Sabarad, learned counsel for the respondent No.2.
Mr.Praveen G.Adagatti, learned counsel for the respondent No.3.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners have prayed for the following relief:
I. Issue writ in the nature of Mandamus directing the respondents to consider the grievances of petitioners and pay the compensation amount in respect of land Survey No.45/17 measuring 2 acre 20 guntas of Bhyalalu village an award amount `2,71,84,570/- as per Annexure-N passed by the respondent No.2 with 15% interest and with cost of this petition in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the respondent No.2 has produced a memo which is taken on record. Along with the aforesaid memo, documents have been annexed to show that the entire amount of compensation due and payable has been paid to the petitioners.
5. However, at this stage, learned counsel for the petitioners submits that the amount of compensation was paid to the petitioners belatedly and therefore, they are entitled to interest on the aforesaid amount.
6. In view of the aforesaid submissions, the petitions are disposed of with liberty to the petitioners to take recourse to such remedy as may be available to them under the law with regard to their claim for interest.
Sd/- JUDGE RV