Karnataka High Court
Sri T S Basavaraju vs Special Land Acquisiton Officer on 19 October, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.21812/2021 (LA-RES)
C/W
WRIT PETITION No.21797/2021
WRIT PETITION No.21803/2021
IN W.P.No.21812/2021
BETWEEN:
1. SRI T.B.SHANKARAIAH
S/O LATE BOREGOWDA
AGED ABOUT 72 YEARS
R/AT TIMLAPURA
KIBBANAHALLI HOBLI
TIPTUR TALUK - 572 114
2. SMT. LALITHAMMA
W/O LATE T.B. PUTTANNA
AGED ABOUT 62 YEARS
R/AT TIMLAPURA
KIBBANAHALLI HOBLI
TIPTUR TALUK - 572 114
3. SMT. KEERTHI T.P.
D/O LATE T.B.PUTTANNA
AGED ABOUT 37 YEARS
R/AT TIMLAPURA
KIBBANAHALLI HOBLI
TIPTUR TALUK - 572 114
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
... PETITIONERS
(BY SRI YESHU BABU MISHRA, ADVOCATE)
2
AND:
1. SPECIAL LAND ACQUISITON OFFICER
NHAI - 206
TUMKUR BLOCK, TUMKUR
BETTASHRI COMPLEX
ABOVE RENUKA SUPER BAZAAR
5TH CROSS, 60 FEET ROAD
SAPTHAGIRI LAYOUT
TUMKUR - 572 102
2. ASSISTANT DIRECTOR OF
LAND RECORDS
TIPTUR
TUMKUR DISTRICT-527 201
... RESPONDENTS
(BY SMT.SHILPA SHAH, ADVOCATE FOR R1
SRI K.R.NITYANANDA, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE
RESPONDENTS TO RELEASE THE AWARD AMOUNT ALONG
WITH INTEREST AT THE RATE OF 18% PER ANNUM FROM THE
DATE OF AWARD TILL REALIZATION / PAYMENT IN FAVOUR OF
THE PETITIONERS, PURSUANT TO AWARD NOTICE DATED
02.01.2019 AT ANNEXURE-G AND ETC.
IN W.P.No.21797/2021
BETWEEN:
1. SRI T.S. BASAVARAJU
S/O LATE SIDDEGOWDA
AGED ABOUT 73 YEARS
R/AT TIMLAPURA
KIBBANAHALLI HOBLI
TIPTUR TALUK 572 114
2. SMT LALITHAMMA
S/O LATE T.B.PUTTANNA
AGED ABOUT 62 YEARS
R/AT TIMLAPURA
3
KIBBANAHALLI HOBLI
TIPTUR TALUK -572 114
3. KEERTHI T.P.
D/O LATE T.B. PUTTANNA
AGED ABOUT 37 YEARS
R/AT TIMLAPURA
KIBBANAHALLI HOBLI
TIPTUR TALUK- 572 114
4. SRI.SIDDAIAH
S/O LATE LINGAPA
AGED ABOUT 75 YEARS
R/AT LAKMAGONDANAHALLI
SHETTIKERE HOBLI
CHIKKANAYAKANAHALLI TALUK
TUMKUR DISTRICT -572 214
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
... PETITIONERS
(BY SRI YESHU BABU MISHRA, ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITON OFFICER
NHAI - 206
TUMKUR BLOCK, TUMKUR
BETTASHRI COMPLEX
ABOVE RENUKA SUPER BAZAAR
5TH CROSS, 60 FEET ROAD
SAPTHAGIRI LAYOUT
TUMKUR - 572 102
2. ADDITIONAL DIRECTOR OF
LAND RECORDS
TIPTUR
TUMKUR DISTRICT-572 201
... RESPONDENTS
(BY SMT.SHILPA SHAH, ADVOCATE FOR R1
SRI K.R.NITYANANDA, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT TO RELEASE THE AWARD AMOUNT ALONG WITH
4
INTEREST AT THE RATE OF 18 PERCENT PER ANNUM FROM
THE DATE OF AWARD TILL REALIZATION/PAYMENT IN FAVOUR
OF THE PETITIONERS, PURSUANT TO AWARD NOTICE DATED
02.01.2019 AT ANNEXURE-F AND ETC.
IN W.P.No.21803/2021
BETWEEN:
1. SRI T.B.MAHALINGAPPA
S/O LATE T.L.BORAPPA
AGED ABOUT 77 YEARS
R/AT TIMLAPURA
KIBBANAHALLI HOBLI
TIPTUR TALUK -572 114
2. SMT T.M.DAKSHYANNAMMA
D/O SRI T.B.MAHALINGAPPA
AGED ABOUT 45 YEARS
R/AT TIMLAPURA
KIBBANAHALLI HOBLI
TIPTUR TALUK- 572 114
(BENEFIT OF SENIOR CITIZEN NOT CLAIMED)
... PETITIONERS
(BY SRI YESHU BABU MISHRA, ADVOCATE)
AND:
1. SPECIAL LAND ACQUISITION OFFICER
NHAI - 206
TUMKUR BLOCK, TUMKUR
BETTASHRI COMPLEX
ABOVE RENUKA SUPER BAZAAR
5TH CROSS, 60 FEET ROAD
SAPTHAGIRI LAYOUT
TUMKUR - 572 102
2. ADDITIONAL DIRECTOR OF
LAND RECORDS
TIPTUR
TUMKUR DISTRICT-527 201
... RESPONDENTS
(BY SMT.SHILPA SHAH, ADVOCATE FOR R1
SRI K.R.NITYANANDA, AGA FOR R2)
5
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT TO RELEASE THE AWARD AMOUNT ALONG WITH
INTEREST AT THE RATE OF 18 PERCENT PER ANNUM FROM
THE DATE OF AWARD TILL REALIZATION/PAYMENT IN FAVOUR
OF THE PETITIONERS, PURSUANT TO AWARD NOTICE DATED
02.01.2019 AT ANNEXURE-G AND ETC.
THESE PETITIONS COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. In all these writ petitions, the petitioners have sought for the following reliefs:
" In W.P. No.21812 of 2021:
(I) Issue a writ of mandamus directing the Respondent to release the award amount along with interest at the rate of 18 percent per annum from the date of award till realization/payment in favour of the petitioners, pursuant to award notice dated 02.01.2019 at Annexure G;
(II) Issue a writ of Certiorari to quash the
endorsement dated 12.08.2021
No.SLAO/CA/NH-206/2020-21/4667 issued by the Respondent at Annexure H1 and declare the said endorsement to be bad in law;
(III) Pass such other writ, order or directions as may be deemed appropriate in the facts and circumstances of the case, in the interest of justice and good conscience."6
" In W.P. No.21797 of 2021:
(I) Issue a writ of mandamus directing the Respondent to release the award amount along with interest at the rate of 18 percent per annum from the date of award till realization/payment in favour of the petitioners, pursuant to award notice dated 02.01.2019 at Annexure F; (II) Issue a writ of Certiorari to quash the endorsement dated 12.08.2021 issued by the Respondent at Annexure G1 and declare the said endorsement to be bad in law;
(III) Pass such other writ, order or directions as may be deemed appropriate in the facts and circumstances of the case, in the interest of justice, equity and good conscience."
" In W.P. No.21803 of 2021:
(I) Issue a writ of mandamus directing the Respondent to release the award amount along with interest at the rate of 18 percent per annum from the date of award till realization/payment in favour of the petitioners, pursuant to award notice dated 02.01.2019 at Annexure G; (II) Issue a writ of Certiorari to quash the endorsement dated 12.08.2021 issued by the Respondent at Annexure H1, bearing 7 No.SLAO/CA/NH206/2020-21/4667 and declare the said endorsement to be bad in law; (III) Pass such other writ, order or directions as may be deemed appropriate in the facts and circumstances of the case, in the interest of justice, equity and good conscience."
2. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.2 and learned counsel for respondent No.1 and perused the material on record.
3. The material on record discloses that pursuant to the application / representation / request dated 02.08.2021 submitted by the petitioners, respondent No.1 / SLAO, National Highways Authority of India issued an endorsement dated 12.08.2021 to the effect that the said request made by the petitioners would be considered after the submission / procurement of all the relevant documents and as such, the said request is kept pending consideration.
4. The said endorsement also indicates that some documents were called for from the Assistant Director of Land Records / 8 Survey Authorities and the application / representation / request of the petitioners would be considered only after the said report / records were procured by respondent No.2.
5. During the pendency of these writ petitions, the submission of the learned Additional Government Advocate that phodi and durast report and other documents have been received and forwarded to respondent No.1 / SLAO has been noted by this Court in its order dated 15.07.2022.
6. In view of the aforesaid facts and circumstances of the case, though other contentions are urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits on the rival contentions, I deem it just and appropriate to dispose of this writ petition directing respondent No.1 to reconsider the application / representation / request dated 02.08.2021 submitted by the petitioners in all these writ petitions, bearing in mind the documents procured by the respondents from the Survey Authorities and after considering the other material on record and without reference to the endorsement dated 12.08.2021, as expeditiously as possible, 9 within a period of two months from the date of receipt of a certified copy of this order.
7. Subject to the aforesaid directions, the writ petitions stand disposed off .
SD/-
JUDGE RK CT: AN