Karnataka High Court
Shekar D Shetty vs The Special Deputy Commissioner on 11 July, 2012
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE S. ABDUL NAZEER
WRIT PETITION No.11139/2012 AND
WRIT PETITION NOS. 11140-11142/2012 (LA-KIADB)
BETWEEN :
1. Shekar D. Shetty
Aged 67 years
S/o. late Deju Shetty
2. Shantha Shetty
Aged 64 years
D/o. late Deju Shetty
3. Vanaja Shetty
Aged 63 years
D/o. late Deju Shetty
4. Balakrishan Shetty
Aged 60 years
S/o. late Deju Shetty
5. Pushpa Shetty
Aged 58 years
D/o. late Deju Shetty
6. Lakshmi Shetty
Aged 57 years
D/o. late Deju Shetty
2
7. Bhaskar Shetty
Aged 55 years
S/o. late Deju Shetty
8. Shashikala Shedthi
Aged 51 years
D/o. late Deju Shetty
9. Arunakara Shetty
Aged 48 years
D/o. late Deju Shetty
10. Divakara D. Shetty
Aged 41 years
S/o. late Deju Shetty
11. Sheena Shetty
Aged 82 years
S/o. Aithu Shetty
12. Kuppashetty
Aged 74 years
S/o. Aithu Shetty
13. Doddanna Shetty
Aged 70 years
S/o. Aithu Shetty
14. Raghu Shetty
Aged 65 years
S/o. Aithu Shetty
Petitioner Nos.1 to 9
And petitioner No.11 to 14
Are Rep. their GPA Holder
10th petitioner - Divakar D. Shetty
all are r/a. 'Hosamane'
Kalathur South Coast
3
Kalathur Village
Udupi Taluk & District ... PETITIONERS
(By Sri. S.K. Acharya, Adv.)
AND :
1. The Special Deputy Commissioner
KIADB, 14/3, II Floor
Rashtrothana Parishath Building
Nrupathunga Road
Bangalore - 01
2. The Special Land Acquisition Officer
KIADB, Baikampady Industrial Area
Baikampady
Mangalore 575 001
3. Udupi Power Corporation Ltd.
No.202, Prestige Opal
2nd Floor, 146, Infantry Road
Bangalore - 560 001
Rep. by its Executive
Director (Technical) ... RESPONDENTS
(By Sri. P.V. Chandrashekar, Adv. for R-1 and R-2
Sri. P.N. Rajeshwar, Adv. for R-3)
These writ petitions are filed under Articles 226 and
227 of the Constitution of India praying to direct the
respondents to pay the revised/enhanced compensation
amount as per Annexures-E to G, and etc.
These writ petitions coming on for Orders this day,
the Court made the following:
4
ORDER
In these cases, the petitioners have sought for a writ of mandamus directing the respondents to consider their case for enhancement of compensation in terms of the proceedings as per Annexures-'E' and 'F' dated 30.12.2006 and 21.12.2006 respectively and for payment of the balance of compensation as per the revised rate. A memo dated 9.7.2012 has been filed by the 3rd respondent signed by Sri. Sunil L. Naik, its Company Secretary, who is present before the Court. The memo reads as under:
" Without prejudice to the defence taken, the respondent No.3 submits, in the interest of the power project, that the respondent No.3 is agreeable to pay as ex-gratia, at the rate of Rs.4.56 lakhs per acre for dry land and @ Rs.5.16 Lakhs per acre for Wet/Garden land, subject to deducting the amount already received or deposited under the General Award to all those claimants who have received compensation under General Award or 5 compensation is deposited in the Reference Court.
The respondent No.3 would give its consent to the KIADB to adjust the deposits held by it towards payment of the differential amount payable as ex-gratia and if the present deposits are not sufficient to meet the demand towards ex-gratia amount agreed to be paid under this memo, would deposit the required funds with the Karnataka Industrial Areas Development Board within a period of 8 (Eight) weeks once the demand is raised by the KIADB.
The amount adjusted from the deposits made by the respondent No.3 with KIADB or amount deposited pursuant to demand as aforesaid could be disbursed by KIADB in accordance with law to the persons entitled in full and final settlement of their claims after executing Consent Agreement for full and final settlement.
The respondent No.3 prays that this Hon'ble Court may be pleased to dispose of the above writ petition in terms of this memo, in the interest of justice and equity. "6
2. Learned counsel for the petitioners submits that the petitioners have no objection for disposal of the writ petitions in terms of the aforesaid memo. The memo filed by the 3rd respondent is placed on record. The writ petitions are disposed of in terms of the aforesaid memo. The 3rd respondent is directed to deposit the balance of the compensation amount before the 2nd respondent within four weeks from the date of receipt of a copy of this order to enable him to disburse the same to the petitioners. If surplus amount is available with the 2nd respondent, the 3rd respondent need not deposit the balance of compensation in terms of this order. The 2nd respondent is directed to pay the balance of compensation to the petitioners within three months from the date of receipt of a copy of this order. Writ petitions are disposed of accordingly. No costs.
Sd/-
JUDGE.
Cs/-