Karnataka High Court
Nemya Naik vs The State Of Karnataka on 7 March, 2013
Author: B.S.Patil
Bench: B.S.Patil
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 7TH DAY OF MARCH, 2013
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.Nos.44499-44501/2012 (LA-KIADB)
& W.P.Nos.44502-44505/2012 (LA-KIADB)
BETWEEN
1. NEMYA NAIK
S/O MANJA NAIK,
AGED ABOUT 47 YEARS,
2. SHEKARAPPA
S/O SANRANGEPPA,
AGED ABOUT 40 YEARS,
3. SMT. SUBADRAMMA
W/O NAGAPPA,
AGED ABOUT 45 YEARS,
4. SMT. LAKSHMI DEVI
W/O.DEVINDRAPPA,
AGED ABOUT 40 YEARS,
5. RANGANATH
S/O LAKSHMANAPPA,
AGED ABOUT 38 YEARS,
6. BASAVARAJ
S/O HANUMANTHAPPA DASAIAH,
AGED ABOUT 45 YEARS,
7. SHEIK ABDUL KAREEM
S/O ABDUL SAB,
AGED ABOAUT 45 YEARS,
ALL ARE R/AT NIDEGE VILLAGE,
SHIMOGA TALUK AND DISTRICT. ... PETITIONERS
(By Sri. MALLIKARJUN C BASAREDDY, ADV.)
2
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
BY ITS SECRETARY,
M.S.BUILDING,
BANGALORE-560001
2. THE COMMITTEE FOR REGULARIZATION
OF UNAUTHORIZED OCCUPANTS,
SHIMOGA TALUK & DISTRICT,
BY ITS SECRETARY
3. THE TAHASILDAR
SHIMOGA TALUK
SHIMOGA
4. THE HEAD QUARTERS ASSISTANT
OFFICE OF THE DEPUTY COMMISSISONER,
SHIMOGA DISTRICT
SHIMOGA
5. THE SPECIAL LAND ACQUISITION OFFICER
KIADB
CIRCLE OFFICE,
BAILKAMPADY INDUSTRIAL AREA,
BAILKAMPADY,
MANGALORE DISTRICT
6. THE DEPUTY COMMISSIONER
SHIMOGA DISTRICT,
SHIMOGA
7. THE ASST. COMMISSIONER
SHIMOGA SUB DIVISION
SHIMOGA. ... RESPONDENTS
(By Sri.NARENDRA PRASAD H.T., AGA, FOR R1-4, 6 & 7,
Sri B RUDRA GOWDA, ADV. FOR R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT AUTHORITIES TO PAY THE COMPENSATION OF RUPEES
TWO LAKHS PER ACRE AS EXGRATIA AMOUNT AND ETC.
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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. In these writ petitions, petitioners are seeking a writ of mandamus against the respondents to pay compensation of Rs.2,00,000/- per acre as ex-gratia amount. They have also sought for a direction to the respondents to consider the request made by them on various dates vide Annexures-E, E1 and E2 for payment of exgratia amount.
2. Petitioners claim to be in unauthorized cultivation of the Government land comprised in Sy.Nos.156 and 139 of Nidige Village in Shimoga Taluk. According to them, they have applied before the Competent Authorities seeking regularization of their unauthorized occupation by making application in Form No.50. It is their grievance that when their applications were pending consideration, the lands have been notified for acquisition for the purpose of Karnataka Industrial Area Development Board (for short, 'KIADB') for formation of an industrial estate.
3. It is not in dispute that the lands in question have now been acquired by issuing final declaration for the purpose of the 4 KIADB. According to the petitioners, the 5th respondent - Land Acquisition Officer has paid a fixed amount of Rs.50,000/- per acre as compensation to the unauthorized occupants of the land comprised in these survey numbers. Petitioners claim to have made several requests to the 5th respondent to pay compensation as awarded to similarly placed persons as per the direction issued by the State Government. Reliance is placed by the petitioners on the order passed by the 1st respondent - State Government on 19.07.2007 which is produced at Annexure-C.
4. A perusal of Annexure-C discloses that Government has taken a decision on 19.07.2007 to pay exgratia amount of Rs.2,00,000/- per acre to the unauthorized occupants of government lands situated at Shimoga Taluk acquired for the purpose of establishing airport. The claim of the petitioners is based on this Government Order and the order passed in Writ Appeal No.1249/2006 dated 17.12.2007, wherein a Division Bench of this Court in paragraph-11 has observed as under:-
"......The respondent-State and its respondents (authorities) are directed to pay exgratia amount of Rs.2 lakhs per acre to each one of the appellants 5 whose unauthorized occupation is not disputed. If they have been paid Rs.50,000/- as exgratia amount, the remaining amount shall be paid to them within eight weeks from the date of receipt of the copy of this order. The said amount shall be recovered by the State Government from the KIADB, in turn it shall collect from the beneficiary to whom the acquired land will be allotted on lease cum sale basis as provided under the provision of the K.I.A.D.B. Act r/w Regulations. Further, in respect of claim of the appellants whose claim is disputed, the second respondent is directed to conduct an enquiry within six weeks from the date of receipt of the copy of this order and record a finding with regard to their unauthorized occupation of the lands ......."
5. Learned counsel for the petitioners submits that as the petitioners are similarly situated, these writ petitions may be disposed of issuing similar directions as is issued in the writ appeal referred to above.
6. Learned counsel appearing for the respondent - KIADB and the learned Additional Government Advocate submit that question whether the petitioners are unauthorized occupants entitled for payment of any exgratia amount itself is required to be examined by the 6th respondent - Deputy Commissioner, 6 Shimoga District and only if the petitioners are able to satisfy the authorities that they have been in unauthorized occupation of the Government land as asserted by them and have made necessary application in this regard in Form No.50 within the time prescribed, they will be entitled for payment of exgratia amount.
7. In the light of the respective submissions made, I find that the 1st relief cannot be granted directing the authorities to pay compensation at the rate of Rs.2,00,000/- per acre as exgratia amount to the petitioners. However, petitioners are entitled for a direction to the 6th respondent - Deputy Commissioner, Shimoga, to consider the request made by each of the petitioners vide their representations produced at Annexures-E, E1 and E2 along with these writ petitions and examine whether they have been in unauthorized occupation of the Government lands and hence entitled for payment of exgratia amount on par with other similarly placed persons. Petitioners are at liberty to produce additional documents, if any, to establish their right for payment of exgratia amount. Thereafter, the Deputy Commissioner shall pass final orders 7 within a further period of five weeks. Writ petitions are accordingly disposed of.
Sd/-
JUDGE PKS