IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THIS THE 30th DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION NOs.15586-15594 OF 2016(LA-RES) BETWEEN :
1. Smt. Vijaya @ Jayamma W/o Puttaswamy Aged about 67 years R/o MIG 402, Vinobanagara, Shivamogga-577 204.
2. Smt. Kavitha Dayananda W/o Dayananda Aged about 43 years R/o Shivmurthy Circle Opp: Nehru Stadium North Gate Shivamogga-577 201.
3. Sri K.P.Mariyappa S/o Putte Gowda Aged about 63 years R/o. “Anugraha”
60 feet Road, Vinobanagara, Shivamogga-577 204.
4. Smt. Dayadevi R. Badigar W/o Veerabhadrachar I.C., Aged about 45 years VISI, Quarters, Bhadravathi Shivamogga District.
5. Smt. Nirmala Krishnappa W/o Krishnappa Aged about 61 years R/o. No.440, 4th Cross 12th Main, Canara Bank Layout, Vidyaranyapura, Bengaluru-560 097.
6. Smt. H.B.Nagarathna W/o Sri T.R.Lokesha Murthy Aged about 53 years R/o No.934, “Shree” 3rd Cross, 3rd Main, Manu Vana, Vijayanagar Bengaluru-560 040.
7. Sri D.K.Dayanand S/o Lakshmipathi Rao Aged about 48 years R/o Shivamurthy Circle Opp. Nehru Stadium North Gate Shivamogga-577 201.
8. Sri M.Balakrishna Shetty S/o Tejappa Shetty Aged abut 55 years DGM (Personnel) VISL Bhadravathi, Shivamogga District.
9. Sri T.R. Lokesha Murthy S/o Rudrappa Aged about 63 years R/o No.934, “Shree” 3rd Cross, 3rd Main, Manu Vana, Vijayanagar Bengaluru-560 040.
(By Sri K.B.Lokanath, Advocvate) AND :
1. The Land Acquisition Officer Upper Tunga Project Shivamogga Sub-Division Shivamogga-577 201.
2. Executive Engineer Karnataka Neeravari Nigam Ltd., Upper Tunga Project Shivamogga Sub-Division Shivamogga-577 201.
3. Chief Administrative Officer Head Office, Upper Tunga Project Valmi Building, Beluru-Belagavi Road Dharwad-580 011.
… Petitioners … Respondents (By Sri Prashanth B.R., for M.R.C.Ravi, Advocates for R-2 and R3; Sri H.Venkatesh Dodderi, AGA for R-1) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the R-2 and R3 to pay interest from the dated of preliminary Notification dated 25.1.2001 until the deposit as provided under Section 34 of the Land Acquisition Act, as per representations dated 19.2.2014 and 26.8.2014 vide Annexures-G and H.
These writ petitions coming on for preliminary hearing in ‘B’ Group this day the Court made the following:-
O R D E R The petitioners seek for a writ of mandamus to direct respondent Nos.2 and 3 to pay interest from the date of preliminary notification dated 25.1.2001 until the deposit as provided under Section 34 of the Land Acquisition Act in terms of their representations at Annexures-G and H.
2. Learned counsel for the petitioners contends that the interest has to be paid for the said period.
3. On hearing the learned counsel, I’am of the view that there is no merit in the writ petitions. The writ Court cannot be invoked to seek interest or to seek enhanced compensation. The remedy of the petitioners is elsewhere. They cannot expect the writ Court to pass orders on enhancement of compensation or to pay interest in such matter relatable to an award.
Consequently, in view of the availability of an alternative and efficacious remedy, the petitions are dismissed, with liberty to pursue such remedies as available in law.
SD/- JUDGE *ck/-