Karnataka High Court
Smt Labed Eramma W/O Labed Veerappa vs The State Of Karnataka on 31 January, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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WP No. 102756 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO. 102756 OF 2021 (LB-RES)
BETWEEN:
1. SMT LABED ERAMMA W/O LABED VEERAPPA
AGE. 67 YEARS, OCC. AGRICULTURE,
R/O. NEAR BHARAT TALKIES,
WARD NO.18, KAMPLI, TQ. KAMPLI,
DIST. BALLARI.
2. MANJULA W/O JAGADEESHA
AGE. 40 YEARS, OCC. HOUSEHOLD WORK,
R/O. HAGARI BOMMANAHALLI,
TQ. HAGARI BOMMANAHALLI,
DIST. BALLARI.
3. MANJULA D/O LABEED VEERAPPA
AGE. 37 YEARS, OCC. HOUSEHOLD WORK,
R/O. NEAR BHARAT TALKIES,
WARD NO.18, KAMPLI, TQ. KAMPLI,
DIST. BALLARI.
Digitally signed by 4. RATNAMMA ALIAS B NAGARATNA W/O SURESH
CHANDRASHEKAR
LAXMAN
KATTIMANI
AGE. 34 YEARS, OCC. HOUSEHOLD WORK,
Location: High
Court of Karnataka,
R/O. NEAR SP CIRCLE, BALLARI,
Dharwad
TQ. AND DIST. BALLARI.
5. RAJESHWARI D/O LABEED VEERAPPA
AGE. 32 YEARS, OCC. HOUSEHOLD WORK,
R/O. NEAR BHARAT TALKIES,
WARD NO.18, KAMPLI, TQ. KAMPLI,
DIST. BALLARI.
6. MAHESH S/O LABEED VEERAPPA
AGE. 30 YEARS, OCC. AGRICULTURE,
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WP No. 102756 of 2021
R/O. NEAR BHARAT TALKIES,
WARD NO.18, KAMPLI, TQ. KAMPLI,
DIST. BALLARI.
7. L. SOMESH S/O LATE LABEED VEERAPPA
AGE. 28 YEARS, OCC. AGRICULTURE,
R/O. NEAR BHARAT TALKIES,
WARD NO.18, KAMPLI, TQ. KAMPLI,
DIST. BALLARI.
...PETITIONERS
(BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO PUBLIC WORKS
DEPARTMENT,
VIDHANA VEEDHI, BENGALURU -01.
2. THE DEPUTY COMMISSIONER
BALLARI DISTRICT, BALLARI-583103.
3. THE ASSISTANT COMMISSIONER
HOSAPETE, TQ. HOSAPETE,
DIST. BALLARI-583201.
4. THE CHIEF OFFICER
TOWN MUNICIPAL COUNSEL,
KAMPLI, TQ. KAMPLI,DIST. BALLARI--583132.
...RESPONDENTS
(BY SRI PRASHANT V. MOGALI, HCGP FOR RESP. NSO.1 TO 3)
(BY SRI B.SHARANABASAWA, ADV. FOR RESPONDENT NO.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT, THE ACTION OF THE RESPONDENTS IN
UNDERTAKING THE ROAD WIDENING WORK IN THE LAND
BEARING SY.NO.1126/B MEASURING 26 CENTS SITUATED AT
KAMPLI VILLAGE, TQ KAMPLI, DIST BALLARI WITHOUT
ACQUISITION AS ILLEGAL, ARBITRARY AND VIOLATIVE OF
ARTICLE 300A OF THE CONSTITUTION OF INDIA AND ISSUE
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WP No. 102756 of 2021
ANY WRIT, ORDER OR DIRECTION OR WRIT IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENTS TO ACQUIRE THE
LAND OF THE PETITIONER BEARING SY.NO.1126/B
MEASURING 26 CENTS SITUATED AT KAMPLI VILLAGE TQ
KAMPLI DIST BALLARI AND PAY JUST, FAIR AND REASONABLE
COMPENSATION IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioners have sought for the following reliefs :
"1. To declare that, the action of the respondents in undertaking the road widening work in the land bearing Sy.No.1126/B measuring 26 cents situated at Kampli village, Talu- Kampli, District-Ballari without acquisition as illegal, arbitrary and violative of article 300a of the constitution of India.
2. Issue any writ, order or direction or writ in the nature of mandamus directing the respondents to acquire the land of the petitioner bearing Sy.No.1126/B measuring 26 cents situated at Kampli village Taluk-Kampli district-Ballari and pay just, fair and reasonable compensation in accordance with law."-4- WP No. 102756 of 2021
2. Heard learned counsel for the petitioners and learned HCGP for respondent Nos.1 to 3 and learned counsel for respondent No.4.
3. On 23.08.2021, this Court passed the following order :
"Heard learned counsel for the petitioners, learned AAG for respondent - State and learned counsel for respondent No.4 - Town Municipal Council and perused the material on record. Although several contentions are urged by both sides in support of their respective claims, prima- facie it appears that there is a dispute regarding location and identity of the subject property measuring 26 cents out of the total extent of 56 cents.
Under these circumstances, without prejudice to the rights and contentions of the parties, I deem it just and appropriate to appoint the jurisdictional ADLR as a Court Commissioner for the purpose of conducting a survey to ascertain the location and identity of subject property measuring 26 cents as well as acquired land measuring 30 cents carved out of Sy.No.1126/B of Kampli Village, Kampli Taluk, Ballari District. It is needless to state that the said survey shall be conducted by the jurisdictional ADLR -5- WP No. 102756 of 2021 after notifying the petitioners as well as the respondents.
The jurisdictional ADLR is directed to conduct the survey as stated supra on 30.08.2021 at 11.00 A.M. Petitioners and / or petitioners' counsel undertake to remain present at the spot on 30.08.2021 at 11.00 A.M. to facilitate conducting of the survey.
Copy of this order to be handed over to the learned counsel for the parties forthwith.
Parties are reserved liberty to file their respective memo of instructions along with the documents before the Court Commissioner / ADLR, which shall be considered by him at the time of conducting of survey.
Re-list on 03.09.2021.
Interim order granted earlier is extended till the next date of hearing."
4. Subsequently, on 03.09.2021 this Court passed the following further orders :
"Pursuant to the order dated 23.08.2021, the jurisdictional ADLR / Court Commissioner has conducted a survey demarcating the acquired land -6- WP No. 102756 of 2021 measuring 30 cents as being situated in Sy.No.1126/B2 as per his report and sketch.
The said survey report and sketch also indicates that the out of the unacquired 26 cents of the land of the petitioner 16 cents of the land is partly situated in Sy.No.1126/B1 while the remaining portion i.e., 10 cents of the land is situated in Sy.No.1126/B3, which are situated to the north and south, respectively of the acquired land measuring 30 cents in Sy.No.1126/B2 as could be seen from the survey sketch and report.
The survey sketch and report also indicate that there are certain unauthorised constructions, encroachments, etc., in 16 cents of the land in Sy.No.1126/B1, which has not been acquired while the remaining portion i.e., 10 cents of the unacquired land in Sy.No.1126/B3, is vacant as on today.
Learned AAG for the respondents submits that except the road widening work being carried on 30 cents of the acquired land in Sy.No.1126/B2, the respondents are not carrying out any road widening or any other work in the unacquired land bearing Sy.No.1126/B1 measuring 16 cents and in unacquired land in Sy.No.1126/B3 measuring 10 cents.-7- WP No. 102756 of 2021
The respondents undertake to remove all the encroachments in Sy.No.1126/B1 and hand over vacant possession of Sy.No.1126/B1 measuring 16 cents as well as vacant possession of Sy.No.1126/B3 measuring 10 cents, to the petitioner on or before the next date of hearing.
The presence of the jurisdictional ADLR / Court Commissioner and the Chief Officer of respondent No.4, is recorded.
In view of the aforesaid facts and circumstances, the interim order dated 06.08.2021 is hereby modified directing the respondents not to carry out any road widening work or any other work in unacquired land in Sy.No.1126/B1 measuring 16 cents and in Sy.No.1126/B3 measuring 10 cents, till the next date of hearing.
Re-list on 28.09.2021."
5. On 08.11.2021, this Court passed the following order:
"Learned counsel for respondent No.4 submits that respondent No.4 has complied with the order dated 3/9/2021 passed by this Court and all the construction encroaching the land of the petitioners have been removed.-8- WP No. 102756 of 2021
This assertion by respondent No.4 is objected to by the counsel for the petitioners stating that all the constructions have not been removed and still constructions are existing on the property of the petitioners.
In view thereof, the jurisdictional ADLR has appointed as Court Commissioner to conduct another survey as directed vide order dated 23.08.2021 with the Additional requirement of the said ADLR ascertaining if any construction exists on the land of the petitioner and if all the construction have been removed.
The Commissioner shall carry out the commission work on 29/11/2021 at 11.00 a.m. in the presence of the petitioners and the representative of the respondents. If any person is not present, then the said person cannot be raised any objection on account of such absence.
Commissioner to submit a report by this Court on or before 6/12/2021.
R-list on 8/12/2021."
6. Subsequently, on 14.01.2022, learned HCGP has filed a memo stating that a survey was conducted in the presence of all parties on 31.12.2021 and the survey -9- WP No. 102756 of 2021 report was enclosed along with the said memo. The aforesaid interim order passed by this Court, the memo filed by the learned HCGP, the survey report, sketch, etc. clearly indicate that insofar as the respondents are concerned, they have removed the encroached area in the petitioners land and handed over an extent of 26 cents ie., 16 cents in R.Sy.No.1126/B and 10 cents in R.Sy.No.1126/B3 to the petitioners. Under these circumstances, nothing further survives for consideration in the present petition against the present respondents.
7. Learned counsel for the petitioners submits that despite the respondents handing over vacant possession by clearing all encroachment in relation to the 26 cents of land, certain 3rd parties/private persons have put up illegal and unauthorized constructions on portions of the suit land and liberty may be reserved in favour of the petitioners to take recourse to such remedies as available in law against such persons. Submission is placed on record.
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WP No. 102756 of 2021
8. Liberty is reserved infavour of the petitioners to take recourse to such remedies as available in law including institution and defending suits, cases, etc., before the competent Civil Court and any other forum or authority against the said persons.
9. It is also made clear that the survey report, Commissioner's sketch, etc., submitted by the ADLR in the present petition would not affect or prejudice the rights and contentions of the petitioners against the aforesaid 3rd parties/private persons etc., Subject to the above directions, petition stands disposed off.
SD JUDGE CKK