Karnataka High Court
Shankareppa S/O Sangappa Lingadalli vs The Special Land Acquisition Officer on 22 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:4359
WP No. 101154 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 101154 OF 2024 (LA-RES)
BETWEEN:
1. SHANKAREPPA S/O SANGAPPA LINGADALLI
OCC: AGRICULTURE
R/O MOOGABASAV, TQ: BAILHONGAL
2. SHANKAREPAA S/O YELLAPPA KUDARI
OCC: AGRICULTURE
R/O MOOGABASAV, TQ: BAILHONGAL
3. DODDAPPA S/O BHIMASHEPPA KUDARI
OCC: AGRICULTURE
R/O MOOGABASAV, TQ: BAILHONGAL
4. BASAVARAJ S/O KALLAPPA TOGALAD
OCC: AGRICULTURE
R/O MOOGABASAV, TQ: BAILHONGAL
BASAPPA S/O FAKIRAPPA NESARGI
SUJATA
SUBHASH DEAD BY LRS
PAMMAR
Digitally signed by 5. BASAVANNEPPA S/O BASAPPA NESARGI
SUJATA SUBHASH
PAMMAR OCC: AGRICULTURE
Date: 2024.02.28
22:33:45 -0800 R/O MOOGABASAV, TQ: BAILHONGAL
6. SMT SHARADABAI S/O W/O ISHWAR PATTAR
OCC: AGRICULTURE
R/O MOOGABASAV, TQ: BAILHONGAL
...PETITIONERS
(BY SRI OMKAR LAXMAN DESAI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
MALAPRABHA PROJECT III,
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NC: 2024:KHC-D:4359
WP No. 101154 of 2024
BAGALKOT
DIST: BAGALKOT
2. THE EXECUTIVE ENGINEER
KARNATAKA NEERAVARI NIGAM LIMITED
MLBC DIVISION NO.2, NAVILUTHEERTH
TQ: SAUNDATTI, DIST: BELAGAVI
...RESPONDENTS
(BY SRI HANAMANTHRAY LAGALI, AGA FOR R1;
SRI M.B. KANAVI, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO,
1) ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER
OF DIRECTIONS DIRECTING THE RESPONDENT NO.1 TO CONSIDER
THE REPRESENTATION DATED 07-08-2018 VIDE ANNEXURE-C AND
PAY THE DAMAGES/COMPENSATION AMOUNT FROM THE DATE OF
TAKING POSSESSION TILL THE DATE OF 4(1) NOTIFICATION IN
RESPECT OF SY.NO.5/6P2 MEASURING 03 GUNTAS, SY.NO.16/2+3P2
MEASURING 03 ACRE 01 GUNTAS, SY.NO.15/1P1 MEASURING 04
GUNTAS, SY.NO.100/2P MEASURING 11 GUNTAS, SY.NO.85/2+3
MEASURING 01 ACRE 01 GUNTAS AND SY.NO.17/2A MEASURING 09
GUNTAS TO THE PETITIONERS RESPECTIVELY WITH ALL
CONSEQUENTIAL BENEFITS TAKING INTO CONSIDERATION SIMILAR
DAMAGES/AWARDS PASSED BY THE 1ST RESPONDENT IN THE ENDS
OF JUSTICE AND EQUITY. OR
2) ISSUE A WRIT OF MANDAMUS OR ANY DIRECTIONS,
DIRECTING RESPONDENT NO.1 TO PAY ADDITIONAL INTEREST BY
WAY OF DAMAGES, AT THE RATE OF 15% PER ANNUM FROM THE
PERIOD BETWEEN TAKING POSSESSION TILL 4(1) NOTIFICATION AS
HELD BY THE HON BLE SUPREME COURT IN THE CASE OF BALWAN
SING AND OTHERS V/S L A O AND OTHERS, AIR 2016 SC 1565.
3) ISSUE A WRIT OF MANDAMUS OR ANY DIRECTIONS,
DIRECTING THE RESPONDENTS TO PAY INTEREST FOR THE DELAYED
PAYMENT PERIOD, IN THE ENDS OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:4359
WP No. 101154 of 2024
ORDER
The petitioners state that the lands belonging to them were acquired for the purpose of Malapraba Reservoir Project and an award was passed on 04.05.2011, granting compensation at the rate of Rs.54,956/- per acre. Being dissatisfied, the petitioner sought reference under section 18(1) of the Land Acquisition act. The reference Court enhanced the compensation to Rs.2,94,000/- per acre.
2. The petitioner submitted a representation with the respondent for paying damages from the date of dispossession till the date of issuance of preliminary notification under section 4(1) of the Land Acquisition Act, 1894. Petitioner has further stated, in respect of adjoining land acquired under the same notification, the 1st respondent has passed an order awarding damages. Therefore, the representation submitted by the petitioner requires to be considered in accordance with law.
3. Learned HCGP on instruction submits that the representation submitted by the petitioner will be considered in accordance with law if reasonable time is granted.
4. Therefore, it is expedient to dispose of the writ petition directing the 1st respondent to consider the -4- NC: 2024:KHC-D:4359 WP No. 101154 of 2024 representation dated 07.08.2018 submitted by the petitioner at Annexure-C and pass appropriate order in accordance with law within a period of three months, from the date of receipt of a certified copy of this order.
The writ petition stands disposed of accordingly.
Sd/-
JUDGE MRK CT:CNB List No.: 1 Sl No.: 31