Karnataka High Court
62-Thokuru Grama Hitharakshana ... vs The Government Of Karnataka on 4 February, 2013
Author: K.L.Manjunath
Bench: K.L.Manjunath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 04TH DAY OF FEBRUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
Writ Petition No.40746/2012(S-RES)
and
Writ Petition Nos.45510-45539/2012(S-RES)
connected with
Writ Petition Nos.46549-46557/2012(S-RES)
In W.P.No.40746/2012 (S-RES) and
W.P.Nos.45510-45539/2012(S-RES)
BETWEEN:
1. '62-THOKURU GRAMA HITHARAKSHANA SAMITHI'
OFFICE : LAKSHMI GANESHA NIVASA
PANJIGURI JOKKATTE POST, VIA BAJPE
MANGALORE-REPRESENTED BY ITS PRESIDENT :
SRI MUKTHANANDA MELANTA
AGED ABOUT 55 YEARS
S/O LATE ISHWARA MELANTA
R/A SHARDI, M S E Z COLONY
62 TOKUR, POST : JOKATTE, VIA BAJPE
MANGALORE TALUK : 575 011.
2. Mr.HAMMABBA HAFEES
S/O PUTTHU BAVA
AGED 22 YEARS
R/A M.S.E.Z. COLONY, 62-THOKURU
JOKATTE POST, MANGALORE TALUK-575011
2
3. MR PRAVEEN SHETTY
S/O DIVAKAR SHETTY
AGED 40 YEARS
R/A JAYA NAGARA, TAHDAMBAIL
SURATHKAL, MANGALORE TALUK-575014
4. Mr. PRADEEP A KOTIAN
S/O ITHAPPA POOJARY
AGED 32 YEARS
R/A NIRMUNJE HOUSE, JOKATTE
POST, MANGALORE-574173
5. Mr.ASHWATH KUMAR
S/O LATE UMESH KOTIAN
AGED 25 YEARS
R/A SAMRUDDHI HOUSE, KALAVARU POST
MANGALORE TALUK-574142
6. Mr.PRAJWAL B R
S/O RAJU SALIAN
AGED 20 YEARS
R/A "BRAHMARA JYOTHI:
SITE NO.NM-05, M.S.E.Z. COLONY
KULAI, MANGALORE TALUK-505719
7. Mr. MITHUN
S/O JEETHENDRA
AGED 20 YEARS
R/A KODIKERE, M.S.E.Z. COLONY
KULAI, KULAI POST
MANGALROE TALUK-505719
8. MR SANTHOSH KUMAR
S/O KESHAVA POOJARY
AGED ABOUT 27 YEARS
R/A SITE NO.19A, KODIKERE
KULAI, KULAI POST,
MANGALORE TALUK-505719
3
9. Mr.LOKESH SHETTY
S/O APPANNA SHETTY
AGED ABOUT 30 YEARS
R/A "SHREE DEVI", NILAYA
NEAR MASJID PORKODI,
MANGALORE TALUK
10. Mr.VENKATESH
S/O KAMESH I.MOOLYA
AGED ABOUT 36 YEARS
R/A RAMAKKA SADANA
JOKATTE POST,
MANGALORE TALUK-574173
11. Mr.JEEVAN BHARATH
S/O P VENKAPPA
AGED 21 YEARS
R/A 'LAKSHMI VENKATESH KRIPA',
NEAR VIJAYA VITTALA BHAJANA MANDIRA,
JOKATTE POST-574173
MANGALORE TALUK.
12. Mr.KEERTHAN ALVA
S/O DAYANANDA ALVA
AGED ABOUT 28 YEARS
R/A "RATHI NIKETHANA", M.S.E.Z. COLONY,
THOKURU, JOKATTE POST-574173
MAGNALORE TALUK
13. Mr.PUNEETH KUMAR
S/O GIRIYAPPA POOJARY
AGED 21 YEARS
R/A "MATHA SHREE", KODIKERE
M.S.E.Z. COLONY, KULAI, KULAI POST
MANGALORE TALUK-505719
4
14. Mr.LOKESH
S/O KRINAPPA POOJARY
AGED 29 YEARS
R/A KELAGINA KANA HOUSE
JOKATTE POST,
MANGALORE TALUK-574173
15. Mr.DINESH
S/O LATE ANANDA POOJARY
AGED 26 YEARS
R/A "ANANDA NILAYA", M.S.E.Z.
COLONY, 62-THOKURU, JOKATTE POST
VIA : BAJPE, MANGALORE TALUK-574173
16. Mr.NAVANEETH KUMAR
S/O DAMODHAR CHOWTA
AGED 20 YEARS
R/A PACHANADI BONDEL
MANGALORE TALUK-575015
17. Mr.SANTHOSH KUMAR
S/O LATE VENKAPPA POOJARY
AGED 26 YEARS
R/A M.S.E.Z. COLONY, 62-THOKURU
JOKATTE POST, MANGALORE TALUK-574173
18. Mr.NAGESH
S/O T P BANGERS
AGED ABOUT 34 YEARS
R/A VIDYANAGRA, KULAI
KULAI POST, MANGALORE TALUK-575019
19. Mr.KISHOR
S/O LATE SIDDU POOJARY
AGED 34 YEARS
R/A AREKERE HOUSE, JOKATTE POST
62-THOKURU VILLAGE,
MANGALROE TALUK-575011
5
20. MR MOHANDAS K SHETTY
S/O KANTHAPPA SHETTY
AGED 30 YEARS
R/A "VINODHA NILAYA", MSEZL COLONY
KULAI-575019, MANGALORE
21. Mr.MOHAN
S/O GUNDAPPA
AGED 21 YEARS
R/A MSEZL COLONY, KULAI-575019
MANGALORE
22. Mr.MOHITH M
S/O MOHAN
ATED ABOUT 19 YEARS
R/A DR NO.2-39(3), C/O ALWYN RODRIGUES
KAVINAKALLU, KULAI-575019
MANGALORE
23. Mrs.BHAVYA
D/O BHUJANGA POOJARY,
W/O NAVEEN KUMAR,
AGED 23 YEARS
R/A DR NO.2-129(2), KUNCHALA HOUSE
KALAVARA POST, KALAVAR-574142
MANGALORE
24. Mr.GANESH PRASAD
S/O SANJEEVA
AGED 21 YEARS
R/A DR NO.2-33, MSEZ COLONY
KALAVAR POST, KALAVAR-574142
MANGALORE
25. Mr.LATHESh HKUMAR
S/O MAHABALA MOOLYA
AGED 20 YEARS
R/A "MATHRISHREE", St.No-407
6
MSEZ COLONY, KULAI (KODIKERE) POST
KULAI-575019, MANGALORE
26. GLARIAN VEGAS
S/O REMAND VEIGAS
AGED 19 YEARS
R/A J.M.J. HOUSE KENJAR POST
VIA : BAJAPE, MANGALORE-574142
27. Mr.ABDUL KADAR
S/O HAMMABBA
AGED 40 YEARS
R/A HPCL COLONY
62 THOKUR JOKATTE POST-574173
MANGALORE
28. Mr.HARISHA
S/O SURESH
AGED 24 YEARS
R/A KALAVARU TEMPLE
NEAR KALAVARU POST AND VILLAGE-574142
MANGALORE D.K.
29. Mr.RAJARAM
S/O ITHAPPA POOJARY
AGED 30 YEARS
R/A NIRMUNJE HOUSE
JOKATTE POST, MANGALORE-574173
30. MISS RAKSHA
D/O MUKTHANANDA MELANTA
AGED 24 YEARS
R/A SHARDI M.S.E.Z. COLONY
62 THOKUR, P.O JOKATTE
VIA : BAJPE, MANGALORE-575011
... PETITIONERS
7
(By Sri.JAYAKUMAR S.PATIL, Sr COUNSEL FOR
Sri P.P.HEGDE, Advocate)
AND:
1. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY ITS
CHIEF SECRETARY,
VIDHANA SOUDHA
BANGALORE-560001
2. UNDER SECRETARY TO
GOVERNMENT OF KARNATAKA
REVENUE DEPARTMENT(REHABILITATION)
M S BUILDING, Dr. AMBEDKAR VEEDHI
BANGALORE-560023
3. GOVERNMENT OF INDIA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF LAND RESOURCES
MINISTRY OF RURAL DEVELOPMENT
NEW DELHI-01
4. DEPUTY COMMISSIONER
DAKSHINA KANNADA
DISTRICT, MANGALORE-575001
5. MANGALORE SPECIAL
ECONOMIC ZONE LIMITED
3RD FLOOR, MUDA BUILDING,
URVA STORES
MANGALORE-575006
REPRESENTED BY ITS
MANAGING DIRECTOR AND
CHIEF EXECUTIVE OFFICER-575006
8
6. MANGALORE REFINERY AND
PETRO CHEMICAL LIMITED
POST KUTHETHUR,
VIA : KATIPALLA
MANGALORE TALUK-575030
REPRESENTED BY ITS
MANAGING DIRECTOR
7. INDIAN STRATEGIC PETROLEUM
RESERVE LIMITED,
KALAVARU PADAVU,
POST & VILLAGE KALAVARU
VIA : BAJPE, MANGALORE-574142
REPRESENTED BY ITS
MANAGING DIRECTOR
... RESPONDENTS
(By Sri.JAGADESH MUNDARGI, AGA FOR R1 TO R4;
Sri P.D.VISHWANATH, Adv. FOR R5 & R6;
R7 - SERVED)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION FO INDIA
PRAYING TO DIRECT THE R6 MRPL TO PROVIDE
EMPLOYMENT TO PETITIONER 2 TO 29 & NOMINEE OF
EVERY PROJECT DISPLACED FAMILY, WHOSE LANDS
ARE ACQUIRED FOR THIS PROJECT.
****
9
In W.P.Nos.46549-46557/2012(S-RES)
BETWEEN:
1. SRI VISHWANATHA
S/O ERUMOOLYA
AGED 35 YEARS
R/A SHIVAKRUPA
MSEZ COLONY
KALVAR, KAIKANTA
VIA : BAJPE
MANGALORE TALUK
D.K-575001
2. SRI DAYANAND
S/O RAMAPOOJARY
AGED 36 YEARS
R/A SHIVAKRUPA
MSEZ COLONY,
KALAVAR, KAIKANTA
VIA : BAJPE
MANGALORE TALUK
D.K-575001
3. SRI DEVY RAKSHAN SHETTY
S/O LATE NAGARAJ SHETTY
AGED 27 YEARS
BALADA GUTU HOUSE
BALA POST, VIA KATTIPALA
MANGALORE TALUK
D.K 575001
4. SRI PRAKASH SHETTY
S/O KOGGU SHETTY
AGED 38 YEARS
10
SWAMILA PADAR
VISHNUKRUPA POST
BAJPE
MANGALORE TALUK
D.K-575001
5. SRI HARISH
S/O SANJEEV POOJARY
AGED 38 YEARS
HARIKERE HOUSE
JOKATTI POST
62, THOKKUR VILLAGE
MANGALORE TALUK
D.K-575001
6. SRI PURSHPARAJ
S/O NARAYAN MULIYA
AGED 38 YEARS
MSEZ COLONY
NARAYANA NILAYA
KULLAI POST, KODIHERE
MANGALORE TALUK
D.K-575001
7. SRI NARAYANA KULLAL
S/O KORANGU MOOLYA
AGED 39 YEARS
LIKITHA NIVAS
3RD CROSS, KATTIPALAYA POST
MANGALORE TALUK
D.K-575001
8. SRI YOGITHA ANCHAN
D/O KRISHNAPPA ANCHAN
AGED 19 YEARS,SHIVAKRUPA HOUSE
DURGA NAGAR,EKKUR POST
MANGALORE TALUK
D.K-575001
11
9. SRI NITIN
S/O LATE ANANDA BANGERAN
AGED 23 YEARS
SAMRUDDI NILAYA
MSEZ COLONY
KODIHERE, KULLAI POST
MANGALORE TALUK
D.K-575001
... PETITIONERS
(By Sri. A KESHAVA BHAT, Advocate)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE-560001
2. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF RURAL DEVELOPMENT
DEPARTMENT OF LAND DEVELOPMENTS AND
LAND RESOURCES
NEW DELHI-110001
3. DEPUTY COMMISSIONER OF
DAKSHINA KARNATAKA
MANGALORE-575001
4. MANGALORE SPECIAL
ECONOMIC ZONE LIMITED
3RD FLOOR, NUDA BUILDING
URVA STORES
REPRESENTED BY ITS MANAGING DIRECTOR
MANGALORE-575006
12
5. MANGALOE REFINERY AND PETROCHEMICAL
LIMITED(MRPL)
REPRESENTED BY ITS MANAGING DIRECTOR
KULHETHUR POST
VIA : KATTIPALLA
MANGALORE-575030
6. INDIAN STRATEGIC PETROLEUM RESOURCES
LIMITED (ISPRL)
REPRESENTED BY ITS MANAGING DIRECTOR
KALAVARU PADVU POST & VILLAGE
VIA : BAJPE
MANGALORE-574142.
... RESPONDENTS
(By Sri.JAGADEESH MUNDARGI, AGA FOR R1 TO R3;
Sri.P.D.VISHWANATH, Adv. FOR R4 & R5;
R6 - SERVED)
THESE WRIT PETITIONS ARE FILED UNDERJ
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDENTS TO PROVIDE
EMPLOYMENT TO ALL THE PETITIONERS IN THE
MANGALORE REFINERY AND PETROCHEMICAL
LIMITED [MRPL] RESPONDENT NO.5 FORTHWITH AS
PER THE SCHEME FRAMED BY THE STATE OF
KARNATAKA GOVERNMENT ORDER DATED 20.6.2007
VIDE ANNEXURE-B, THE GOVERNMENT ORDER
DATED 2.12.2011 VIDE ANNEXURE-C.
These petitions coming on for preliminary hearing,
this day, the Court made the following:
13
ORDER
Since the question of facts and law involved in all the writ petitions are similar, they are taken up together for final disposal.
2. It is the case of the petitioners that about 2317 acres of land situated in Thokuru, Kalavaru, Permude and Bajpe villages of Mangalore Taluk were acquired in the year 2006 by the KIADB to implement the major projects of Central Government Undertakings like ONGC and MRPL. Possession of the land was taken over by KIADB and handed over the same to Mangalore Special Economic Zone to implement the projects.
3. Government of India through Ministry of Rural Development (Land Reforms Division) has framed the National Rehabilitation and Re-settlement 14 Policy,2007 dated 31.10.2007 in order to settle the families of land loosers. As per the policy, an un- employed person from each of the nuclear family is entitled for employment for having lost their lands in the aforesaid projects. It also provides for entitlement for unemployment stipend for their subsistence till the employment is provided.
4. Petitioners have filed these petitions on the ground that they have lost their lands in the aforesaid projects of ONGC and MRPL and the respondents have assured them to provide employment to them as per the National Rehabilitation Re-settlement Policy,2007 and in the first batch of writ petitions they have given representation as per Annexure-D dated 20.9.2012. In the connected writ petitions, Annexure-J is the representation dated 20.9.2012.
15
5. As per these two representations, they have requested the Deputy Commissioner, Mangalore to provide appointment to the eligible persons who have lost their lands for the aforesaid projects and to settle the stipend which they are entitled to as per the Rehabilitation Scheme.
6. It is their case that though they have given representations and have approached the Deputy Commissioner on several occasions, their request is not considered. On the contrary, instead of providing appointment to the land loosers for the aforesaid projects by applying the pick and chose method, Deputy Commissioner has given appointment to others by over-looking the entitlement of petitioners. Therefore they have filed these petitions for issuance of writ of mandamus. 16
7. Learned Govt. Advocate submits that Deputy Commissioner, Mangalore could not consider the request of the petitioners on account of an interim order granted by this court in some other writ petitions and he further submits that the aforesaid writ petition has been disposed of by this Court and that the Deputy Commissioner would consider the representations of the petitioners within a reasonable time in accordance with law.
8. In view of the submission of the learned Govt. Advocate, this court is of the opinion that a direction has to be issued to the Deputy Commissioner, Mangalore to consider the case of each of land loosers who have lost their lands for implementing ONGC and MRPL projects and settle their case in terms of the Rehabilitation Scheme formulated by the Central Government. 17
9. In the result, these petitions are disposed of directing the Deputy Commissioner to consider the representations as per Annexures - 'D' and 'J' respectively in both the writ petitions within a period of three months from today in accordance with law, if necessary he shall also hear the persons who have lost their lands.
Sd/-
JUDGE dh/R*