Karnataka High Court
Karnataka Neeravari Nigam Limited vs The Special Land Acquistion Officer on 2 February, 2022
Author: B.M. Shyam Prasad
Bench: B.M. Shyam Prasad
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2nd DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD
WRIT PETITION NO.101820/2021 (LA-RES)
C/W
WRIT PETITION NO.101818/2021 (LA-RES)
WRIT PETITION NO.103898/2021 (LA-RES)
WRIT PETITION NO.103899/2021 (LA-RES)
WRIT PETITION NO.103903/2021 (LA-RES)
WRIT PETITION NO.103905/2021 (LA-RES)
WRIT PETITION NO.103909/2021 (LA-RES)
WRIT PETITION NO.103913/2021 (LA-RES)
WRIT PETITION NO.103915/2021 (LA-RES)
IN WRIT PETITION NO.101820/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
2
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. DODDAGOUDA SHIVANGOUDA PATIL
S/O MALLESHAPPA BOMANNANAVAR,
AGE NOT KNOWN, R/O NESHVY,
TQ: HIREKERUR, PIN: 581208.
4. CHANDRAGOUDA SHIVANGOUDA PATIL
SON OF NOT KNOWN,
AGE NOT KNOWN, R/O NESHVY,
TQ: HIREKERUR, PIN: 581208.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. F.V.PATIL, ADV., FOR R3; R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING NO.BHUSWA/TUMAYO/28-
A/CR-32/2019-20 AND ISSUE A WRIT ORDER OR
DIRECTION IN THE NATURE OF CERTIROARI QUASHING
THE IMPUGNED PROCEEDINGS DATED 13.02.2020,
PASSED BY THE RESPONDENT NO.2 SLAO VIDE
ANNEXURE-E1. BEARING NO.TUM.MAY.YOBHUSVA/28-
A/SR/245/2013 AND ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENT NO.2 SLAO NOT TO AWARD INTEREST
UNDER SECTION 34 OF THE LAND ACQUISITION ACT,
1894.
3
IN WRIT PETITION NO.101818/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. DODDAGOUDA SHIVANGOUDA PATIL
S/O MALLESHAPPA BOMANNANAVAR,
AGE NOT KNOWN, R/O NESHVY,
TQ: HIREKERUR, PIN: 581208.
4. CHANDRAGOUDA SHIVANGOUDA PATIL
SON OF NOT KNOWN,
AGE NOT KNOWN, R/O NESHVY,
TQ: HIREKERUR, PIN: 581208.
4
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. F.V.PATIL, ADV., FOR R3; R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING NO.BHUSWA/TUMAYO/28-
A/CR-31/2019-20 AND ISSUE A WRIT ORDER OR
DIRECTION IN THE NATURE OF CERTIROARI QUASHING
THE IMPUGNED PROCEEDINGS DATED 13.02.2020,
PASSED BY THE RESPONDENT NO.2 SLAO VIDE
ANNEXURE-E1. BEARING NO.TUM.MAY.YOBHUSVA/28-
A/SR/267/2013 AND ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENT NO.2 SLAO NOT TO AWARD INTEREST
UNDER SECTION 34 OF THE LAND ACQUISITION ACT,
1894.
IN WRIT PETITION NO.103898/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
5
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. KARABASAPPA, S/O BASAPPA BANNIKOD
AGE: MAJOR, R/O. MAVINATOP,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581208.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. F.V.PATIL, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-04/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.TUM.MAYO/BHUSVA/28ASR/Hii/10/2010 AND ISSUE
A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103899/2021 (LA-RES)
6
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. SRI. BASAPPA, S/O. SHIVAPPA MATTUR
AGE: 46 YEARS, R/O. MAVINATOP,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581208.
4. KAREGOUDA, S/O. SHIVAPPA MATTUR
AGE: 43 YEARS, R/O. MAVINATOP,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581208.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
7
SRI. F.V.PATIL, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-07/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.TUM.MAYO/BHUSVA/28ASR/19/2010 AND ISSUE A
WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103903/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
8
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. SRI. BASAPPA,
S/O. HANUMANTHAPPA BANNIKOD,
AGE: 80 YEARS, R/O. MAVINATOP,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581208.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. F.V.PATIL, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-21/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.TUM.MAYO/BHUSVA/28ASR/Hii/16/2010 AND ISSUE
A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103905/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
9
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. MALLIKARJUNAGOWDA RAMANGOUDA PATIL,
AGED MAJOR, GUDDAGUDAPARA,
HALI VASTHI, CHOWDESHWARI NAGARA,
RANNEBENNUR, HAVERI - 581115.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-08/2019-20 AND ISSUE A
10
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.KRA.TUM.MAYO/BHUSVA/28ASR/RA/9/2008 AND
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103909/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. BASAPPA, S/O. SMT. DURGAVVA MALAGI
AGED MAJOR, ALADAKATTI GRAMA,
11
RANNEBENNUR, HAVERI-581110.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. AVINASH BANAKAR, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-14/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.KRA.TUM.MAYO/BHUSVA/28ASR/Hii/32/2011-12 AND
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103913/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
12
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. SRI. TIPPESHAPPA
S/O. NINGAPPA MADIVALARA,
AGE: 60 YEARS, R/O. CHIKKABBAR,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581119.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. NAGARAJ J. APPANNAVAR, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-25/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.KRATUM.MAYO/BHUSVA/28ASR/Hi/291/2013 AND
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
13
IN WRIT PETITION NO.103915/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. SRI. HANAMANTHAPPA
S/O. KARIYAPPA HARALAHALLI,
AGE: 65 YEARS, R/O. HIREKABBAR,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581119.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. NAGRAJ J. APPANNAVAR, ADV., FOR R3)
14
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-28/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.KRA.TUM.MAYO/BHUSVA/28ASR/Hi/292/2013 AND
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
THESE WRIT PETITIONS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, the beneficiary of the acquisition proceedings initiated for the 'Upper Tunga Project' under the provisions of the Land Acquisition Act, 1894 (for short, "the Act"), has impugned the redetermination of compensation by the Special Land Acquisition Officer [the first respondent] and the subsequent approval accorded by the second respondent - the Special Deputy Commissioner, Rehabilitation and Re-settlement (Major 15 Irrigation Project and referred to as the Special Deputy Commissioner). The Special Land Acquisition Officer's order of re-determination is dated on 13th February, 2020 and the Special Deputy Commissioner's approval is dated 20th February, 2020. The petitions, when listed for consideration of the interim applications filed by the land owners/ respondents, are taken up for final disposal with the consent of the learned counsel for the parties.
2. Sri.D.N.Nanjunda Reddy, the learned Senior Counsel for the petitioners, and Sri.F.V.Patil, the learned counsel for the land-losers / private respondents, are heard. Sri. Shivaprabhu Hiremath, the learned Additional Government Advocate, is heard on behalf of the Special Land Acquisition Officer and the Special Deputy Commissioner. The details of the petitions, the corresponding lands, the date of the 16 preliminary and the final notifications, date of the award and date of the award are as follows1:
Sl. Writ Date of Preliminary Extent of Land Date of No. Petition and Final Award and Notifications the amount awarded 1 101820/ • 15/10/2003 Sy.No.184/3, 08 03/05/2006 2021 Gazetted on guntas, Neshvy Rs.37,000/-
13/11/2003 Village, per Acre-Dry
Hirekerur Taluk, Land,
• 10/11/2004 Haveri District. Rs.55,000/-
, Gazetted per Acre-Wet
06/01/2005 Land.
2 101818/ • 11/02/2005 Sy.No.195, 09 03/12/2008
2021 Gazetted guntas, Neshvy Rs.45,000/-
24/03/2005 Village, per Acre-Dry
Hirekerur Taluk, Land,
• 19/04/2007 Haveri District. Rs.67,500/-
per Acre-Wet
Land.
3 103898/ • 02/01/2003 Sy.No.75/1A and 22/06/2005
2021 Sy.No.75/1, Rs.35,000/-
• 20/11/2003 01Acre 33 per Acre-Dry
guntas, Mavintop Land,
Village, Rs.52,500/-
Hirekerur Taluk, per Acre-Wet
Haveri District. Land.
4 103899/ • 02/01/2003 RS 22/06/2005
2021 No.61/1B+3+4/1 Rs.35,000/-
• 20/11/2003 +2, 3 Acre 28 per Acre-Dry
guntas, Mavintop Land,
Village, Rs.52,500/-
Hirekerur Taluk, per Acre-Wet
Haveri District. Land.
5 103903/ • 02/01/2003 Sy.No.75/2A and 22/06/2005
2021 Sy.No.75/2C, 2 Rs.35,000/-
• 20/11/2003 acre 4 guntas per Acre-Dry
and 8 guntas Land,
respectively, Rs.52,500/-
Mavintop Village, per Acre-Wet
1 These details are extracted as furnished by the learned
counsel for the petitioner and is accepted as true by the learned counsel for the respondents 17 Hirekerur Taluk, Land.
Haveri District.
6 103905/ • 10/10/2002 Sy.No.39/1, 18 16/03/2006
2021 guntas, Rs.36,000/-
• 05/06/2003 Guddaguddapur per Acre-Dry
a Village, Land,
Ranebennuru Rs.54,900/-
Taluk, Haveri. per Acre-Wet
Land.
7 103909/ • 09/08/2004 Sy.No.9/1X-3, 1 30/08/2007
2021 acre 7 guntas, Rs.34,000/-
• 09/09/2005 Aladkatti Village, per Acre-Dry Gazetted Ranebennur Land, 29/12/2005 Taluk, Haveri. Rs.51,000/-
per Acre-Wet Land.
8 103913/ • 26/12/2002 Sy.No.46/2A/1, 21/02/2006 2021 Gazetted 17 guntas, Rs.34,000/-
06/02/2003 Chikkabbar per Acre.
Village,
• 10/09/2003 Hirekerur Taluk,
Gazetted Haveri.
02/10/2003
9 103915/ • 16/02/2003 Sy.No.46/3A/2+ 21/02/2006
2021 3B, 24 guntas, Rs.34,000/-
• 10/09/2003 Chikkabbar per Acre.
Village,
Hirekerur Taluk,
Haveri.
3. Admitted Facts: The landlosers-
respondents have submitted their applications for redetermination of the compensation under Section 28A of the Land Acquisition Act in terms of the details as found in the tabulation (supra). The Special Land Acquisition Officer has adjudicated on the question of redetermination by similar but separate orders of even 18 date and has issued notice of the hearing while simultaneously forwarding the finalized award for approval by the Special Deputy Commissioner. The notices are issued on the same date as the date of the Special Land Acquisition Officer's award of redetermination. The said notices and the awards are dated 13.02.2020.
4. In terms of such notice, the petitioner had to appear before the Special Deputy Commissioner on 17.02.2020, the scheduled date of hearing. The petitioner has responded to this notice in writing by its response dated 17.02.2020. The petitioner's response in each of these cases is common. The Special Deputy Commissioner has thereafter accorded the approval in terms of the approval order dated 20.02.2020.
5. Admitted propositions: The beneficiary would be an interested person as contemplated under Section 28(2) of the Land Acquisition Act and therefore 19 must be given a reasonable opportunity of hearing before the compensation under the provisions of Section 28A(1) is redetermined. In support of this proposition, reliance is placed on the decision of the Hon'ble Supreme Court in Babua Ram and Others Vs. State of Uttar Pradesh and Another2 and the decision of a Co-ordinate Bench in Writ Petition No.15303/2020 and connected writ petitions3.
6. Questions canvassed: Sri.D.N.Nanjunda Reddy and Sri.F.V.Patil, as also the learned counsel supporting Sri.F.V.Patil, submit that the following two questions must be considered:
[a] Whether the notice issued on 13.02.2020 by the office of the Special Land Acquisition Officer after the finalization of the re-determination award would constitute a notice of enquiry and the enquiry before the Special Deputy Commissioner would be 2 (1995) 2 SCC 689 3 Which are disposed of on 02.02.2021 20 an enquiry as contemplated under the provisions of Section 28A(2) of the Land Acquisition Act, 1894.
[b] If the Special Land Acquisition Officer's notice dated 13.02.2020 would indeed be a notice of enquiry, whether the petitioner's response in terms of its reply dated 17.02.2020 (Annexure-R2) would be construed as participation in the enquiry.
7. In addition to these questions Sri.F.V.Patil submits that because of the circumstances in which the Special Land Acquisition Officer has finalized the redetermination award, the petitioner cannot complain of lack of opportunity.
8. Submission on behalf of the petitioner:
Sri.D.N.Nanjunada Reddy submits that the redetermination of the compensation is by the Special Land Acquisition Officer and any notice of enquiry or enquiry to meet the requirements of Section 28A[2] of 21 the Land Acquisition Act, must be before the proceedings before the Special Land Acquisition Officer are concluded. In the present case the Special Land Acquisition Officer after conclusion of enquiry and finalization of draft redetermination award has issued notice of hearing scheduled to be held by the Special Deputy Commissioner and this cannot satisfy the requirements of Section 28A(2) either as regards notice or an enquiry. He submits that the enquiry must be by the Special Land Acquisition Officer and not by the Special Deputy Commissioner relying upon the decision of this Court in Writ Petition No.103554/2013 and the connected cases4.
9. Sri.D.N.Nanjunda Reddy further submits that if the petitioner was given due notice of enquiry and an opportunity to participate in the enquiry before the Special Deputy Commissioner, the petitioner could have demonstrated that some of the applicants are not 4 Which are disposed of on 11th September 20194 22 actual land owners who have lost the lands in acquisition proceedings; that though dry lands have been acquired and compensation at the first instance is awarded on such basis, the redetermination is sought for on the ground that the corresponding lands are wet lands. He emphasizes that these would be material circumstance for the Special Land Acquisition Officer in re-determining the compensation under Section 28A of the Land Acquisition Act.
10. Sri.D.N.Nanjunda Reddy also submits that the Special Land Acquisition Officer has determined the award computing interest from the date of the award notwithstanding the fact that the applications for redetermination are filed in the year 2010-13 and the redetermination process is delayed for reasons that cannot be attributed to the petitioner; if the petitioner cannot be held accountable for the delay, the petitioner cannot be saddled with interest. Sri.D.N.Nanjunda 23 Reddy is categorical that though it is settled that upon redetermination of compensation the interest is payable from the date of the award, the question whether beneficiaries should be saddled with the responsibility to pay interest for the delay in the redetermination process though the delay cannot be attributed to the petitioners is not settled. He submits that this question is not considered as of now either by this Court or by the Apex Court, and hence the petitioner would have had an opportunity to canvass that it could not have been called upon to pay interest from the date of the award.
11. Submission on behalf of the respondents:
Sri.F.V.Patil and the other learned counsels for the land-losers submit that the officials of the petitioner have participated in the proceedings before the Special Land Acquisition Officer and they are categorical that the subject lands are comparable with the lands where 24 compensation is enhanced and they have also stated that the appeals, filed in similar circumstances, would be withdrawn and the amount settled. Sri.F.V.Patil relies upon the reference to certain correspondences with the Special Land Acquisition Officer and also certain correspondences produced separately with the memo to bolster these submissions.
12. Sri.F.V.Patil further submits that the petitioner, responding to the Special Land Acquisition Officer's show cause notice dated 13.02.202, has placed on record that its concerned official has visited the respective lands and verified from the land owners that the subject lands and the lands for which the enhanced compensation is awarded are similar lands cultivated for similar crops. Sri. F.V. Patil urges that the petitioner, as is obvious from this response dated 17.02.2020, has not only admitted the similarity between the corresponding lands but has also expressed 25 a willingness for enhancement which would be in consonance with the consistent stand not to prosecute the appeal in similar cases and release compensation.
13. Submission in Rejoinder:
Sri.D.N.Nanjunda Reddy submits that even for arguments' sake, the Special Land Acquisition Officer's notice dated 13.02.2020 is construed as a notice under Section 28A(2) of the Land Acquisition Act and the petitioner's response thereto on 17.02.2020 as some expression of willingness, that cannot be construed as a conclusive stand by the petitioner on the landlords/respondents' claims for re-adjudication because the concerned Engineer has clarified that the necessary details as regards the similarity will have to be obtained from the office of the concerned department. He submits that this caveat demonstrates that the petitioner was not informed that the enquiry for redetermination was completed.26
14. Reasoning by this Court: A Co-ordinate Bench of this Court in Writ Petition No.103554/2013 and the connected cases5 has considered the question whether the approval of Deputy Commissioner is mandatory while passing an award of redetermination under Section 28A of the Land Acquisition Act. This Court has considered this question in the light of the challenge to the circular dated 13.09.2010 issued by the State of Karnataka stipulating that the Special Land Acquisition Officer must obtain approval of the Deputy Commissioner before the redetermination. This Court has held that such circular is impermissible and ultravires the Land Acquisition Act opining that the legislature has not incorporated the requirement of approval insofar as redetermination of award under Section 28A of the Land Acquisition Act while the requirement of approval of award under Section 11 of Land Acquisition Act is stipulated.
5 IBID5 27
15. This Court has held as follows:
"In the light of these judgments, it is clear that the legislature has not expressly incorporated the approval of the award by the Deputy Commissioner as contemplated under Section 11 of the Act to Section 28A of the Act. The intendment of the legislature is unambiguous and does not permit to import the requirement of Section 11 to Section 28A of the Act.
It is settled legal position that the Court cannot add anything into statutory provision which is unambiguous. The intention of the legislature must be gathered in the words used by the legislature. The executive usurping the power to direct the Deputy Commissioner to approve the award passed under Section 28A of the Act would be nothing but over reaching the domain of legislature which is not permissible. No violence can be done to the words to achieve the obvious intention and produce a rational construction."
16. The provisions of Section 28A of the Land Acquisition Act read as under:
28
28A. Re-determination of the amount of compensation on the basis of the award of the Court. - (1) where in an award under this part, the court allows to the applicant any amount of compensation in excess of the amount awarded by the collector under section 11, the persons interested in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re- determined on the basis of the amount of compensation awarded by the court:
Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.
(2) The Collector shall, on receipt of an application under sub-section (1), conduct an 29 inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants.
(3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court and the provisions of sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under section 18.
17. The provisions of Section 28A(1) of the Land Acquisition Act enable a person to seek redetermination of the award notwithstanding that an application under Section 18 of the Land Acquisition Act is not filed provided, if an application is filed within three [3] months from the time as mentioned therein, with the proviso thereto stipulating how the period of three [3] months must be computed. The provisions of Section 28A(2) stipulates that the Collector (in the present case 30 the Collector would be the Special Deputy Commissioner) shall on the receipt of the application under sub-section (1), conduct an enquiry after giving notice to all persons interested and giving them a reasonable opportunity of being heard before making an award determining the amount of compensation payable to the applicants.
18. In the light of these provisions there cannot be any dispute that in terms of this requirement under Section 28A(2) of the Act, the petitioner is entitled for notice and a reasonable opportunity of hearing. However, it is argued that the notices issued by the Special Land Acquisition Officer simultaneously with the finalization of the redetermination must be construed as notice that is contemplated under Section 28A(2) of the Land Acquisition Act.
19. If the effective enquiry should be by the Special Land Acquisition Officer and if the requirement 31 of seeking approval from the Special Deputy Commissioner is held to be violative of the provisions of the Land Acquisition Act, this Court must opine that perforce the notice of the hearing as contemplated under the provisions of Section 28A(2) of the Land Acquisition Act must be before the enquiry is held by the Special Land Acquisition Officer. It is not disputed that the Special Land Acquisition Officer has finalized the redetermination of the award proceedings and then it is placed before the Special Deputy Commissioner for approval while issuing notice of enquiry. This Court must conclude that neither the enquiry by the Special Deputy Commissioner nor the Special Land Acquisition Officer's notice dated 13.02.2020 can pass the requirement under Section 28A(2) of the Act. The first question is answered accordingly
20. As the first question is answered in favour of the petitioner, the second question will have to be 32 held in favour of petitioner as well and the petitioner's response dated 17.02.2020 cannot be construed as participation in exercise of the rights envisaged under the provisions of Section 28A(2) of the Land Acquisition Act. Even otherwise, on consideration of the petitioner's response, this Court is of the considered view that the petitioner's response being qualified by the condition that necessary information must be obtained from the concerned department, the petitioner cannot be found to either acceding to the award or waiving the requirement of notice or opportunity of hearing.
21. Sri.F.V.Patil, the learned counsel for the petitioner has taken this Court through certain correspondences referred to in the Special Land Acquisition Officer's order to bolster the submission that the petitioner's officers have participated in the proceedings held by the Special Land Acquisition Officer and the Special Deputy Commissioner with regard to 33 the redetermination. But in the considered opinion of this Court, such participation, even if any, cannot be accepted as meeting the requirement of a notice and opportunity to participate in the enquiry in the absence of a notice issued for the specific claims of land owners/respondents. In fact in the minutes of the meeting on 11.02.2020, a document relied upon by Sri.F.V.Patil though there is reference to 36 proceedings which includes the proceedings initiated on the application filed by the present land owners/respondents, the reference is only to the redetermination by the Special Land Acquisition Officer and the approval thereof pending before the Special Deputy Commissioner.
22. This Court is not persuaded to opine that the petitioner was given notice insofar as the applications filed by the present land owners/respondents. As such, this Court is of the 34 considered view that the impugned redetermination by the Special Land Acquisition Officer and the approval by the Special Deputy Commissioner dated 13.02.2020 and 20.02.2020 respectively must be quashed and the proceedings restored to the Special Land Acquisition Officer to re-consider the question of redetermination of award. Therefore the following:
Order
(a) The impugned Annexure-E and E1 dated 20.02.2020 and 13.02.2020 in each of the petition stand quashed and the proceedings restored to the Special Land Acquisition Officer for re-consideration.
(b) The petitioner and the land owners/ respondents shall appear before the Special Land Acquisition Officer without further notice on 21.03.2022 and the Special Land Acquisition Officer shall complete the 35 proceedings expeditiously within an outer limit of four [4] months from 21.03.2022.
(c) It is needless to observe that the petitioner and the land owners/respondents shall co-operate with and assist the Special Land Acquisition Officer in expeditious disposal of the proceedings.
(d) It is needles to observe that all
contentions are kept open.
Sd/-
JUDGE
RH/KMS