Karnataka High Court
Smt Komalabai vs The State Of Karnataka on 14 March, 2023
Author: Krishna S Dixit
Bench: Krishna S Dixit
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WP No. 41688 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 41688 OF 2017 (LA-RES)
BETWEEN:
1. SMT. KOMALABAI ,
W/O D.K.PRANESHMURTHY,
D/O LATE DJ KRISHNA MURTHY,
AGED ABOUT 73 YEARS,
2. SMT. GUNDAMMA,
W/O D.K.PRAHALADAMURTHY,
AGED ABOUT 69 YEARS,
3. SMT. D.K.VANAMALA,
D/O D.J.KRISHNA MURTHY,
AGED ABOUT 65 YEARS,
ALL ARE RESIDING AT NO.63/16, 1ST FLOOR,
Digitally signed SREE KRISHNA NILAYA, 8TH CROSS,
by SHARADA KRISHNANAGAR, CHIKKADEVASANDRA,
VANI B L.R.PURAM POST, BENGALURU-560 036.
Location: HIGH (THE PETITIONERS ARE NOT CLAIMING THE
COURT OF
KARNATAKA BENEFIT OF SENIOR CITIZEN IN THE ABOVE WP)
...PETITIONERS
(BY SRI. PRASANNA B R.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
VIKASA SOUDHA, DR.AMBEDKAR VEEDHI,
BENGALURU-560 001.
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WP No. 41688 of 2017
2. SPECIAL LAND ACQUISITION OFFICER,
AND COMPETENT AUTHORITY,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
KUNIGAL, NH-207 (HOSAKOTE-DABASPETE DIVISION)
SITE OFFICE.NELAMANGALA-562 123.
3. THE THASILDAR,
DODDABALLAPURA TALUK,
AT DODDABALLAPURA,
BENGALURU RURAL DISTRICT-561 101.
4. MR. MOHAMMED IBRAHIM,
S/O LATE MOHAMMED ISMAIL,
DODDABALAVANGALA VILLAGE AND HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT-561 103.
...RESPONDENTS
(BY SRI. SRIDHAR HEGDE, AGA FOR R1 & R3;
SMT. SHILPA SHAH., PANEL ADVOCATE FOR R2;
R4 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i)
QUASHING THE IMPUGNED LETTER DATED 27.05.2017,
ISSUED BY THE 3RD RESPONDENT VIDE ANNX-W. AND ii)
DIRECT THE 2ND RESPONDENT TO PAY COMPENSATION
AMOUNT TO THE PETITIONERS HEREIN IN RESPECT OF THE
LANDS BEARING SY.NO.21/1 MEASURING 28 GUNTAS
SITUATED AT SONNENAHALLI VILLAGE, DODDABALLAPURA
TALUK, ON ACCOUNT OF ACQUITION OF THE SAME FOR
FORMATION OF NH 207.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are grieving before the writ court against non-payment of compensation for their lands acquired under the provisions of National Highway -3- WP No. 41688 of 2017 Authority Act, 1956. Learned counsel for the petitioners argues that the right to property having been constitutionally guaranteed under Article 300A, if at all the property is acquired by the State for a public purpose, the compensation has to be paid to the land owner; merely because some third party has objected to the release of compensation, payment cannot be withheld indefinitely.
2. After service of notice, the respondent-State & 3rd respondent-Tahsildar are represented by the learned AGA. The SLAO-cum-Competent Authority of the NHAI is represented by its Sr. Panel Counsel, who submits that unless the dispute between the private parties is settled, public money cannot be parted and therefore payment of compensation has not been made. Learned AGA appearing for the State & its authorities submits that the jurisdictional Tahsildar has issued a letter to the effect that no tenancy is pending in respect of the subject property and one that was pending earlier has been disposed off way back on 14.0.1982. He also submits that despite -4- WP No. 41688 of 2017 repeated notices, the 4th respondent who claims title to the property by way of tenancy has not produced any records to vouch his claim.
3. Having heard the learned counsel for the parties and having perused the petition papers, this court is inclined to grant indulgence in the matter broadly agreeing with the submission made by the learned counsel appearing for the petitioners. The right to property which was originally a fundamental right under Article 19(1)(f) has now been relegated to as Constitutional Right under Article 300A after the 44th Amendment of 1978. The Constitutional right is as sacrosanct as any other right and therefore where a private property is taken away, compensation has to be paid. An argument to the contrary would render the constitutional guarantee a "much addo signifying nothing".
4. The payment of compensation has been withheld on the claim of the 4th respondent who has remained absent and unrepresented in these proceedings -5- WP No. 41688 of 2017 despite service of notice. Five & half years have lapsed since the filing of this writ petition. Years have lapsed after the acquisition process has been accomplished and possession of the property is also taken over. Despite multiple notices & reminders, the 4th respondent has not placed any material to vouch his claim of tenancy in respect of the subject lands. The respondent Tahsildar vide his letter dated 27.05.2017 in so many words has stated that no tenancy claim is pending and that the claim for tenancy has been disposed off by the Tribunal, but no records are available. The khatedars who have lost the land cannot be asked to wait indefinitely for all the time to come in the circumstances of the case.
In view of the above, the writ petition is allowed; the 2nd respondent is directed to pay compensation to the land owners after prima facie credentials are established normatively, within a period of 60 days. Delay in disbursal of compensation may result into levy of heavy costs -6- WP No. 41688 of 2017 personally payable by the erring officials, if a memo to that effect is moved by the petitioner.
Liberty is reserved to the 4th respondent to work out his remedy before the Civil Court and all contentions in that regard are kept open.
Costs made easy.
Sd/-
JUDGE Snb/