Neelamma Sheelavantar Math (Shasthri ... vs The Special Land Acquisition Officer on 12 July, 2021

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Karnataka High Court

Neelamma Sheelavantar Math (Shasthri ... vs The Special Land Acquisition Officer on 12 July, 2021

Bench: H.T.Narendra Prasad

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               IN THE HIGH COURT OF KARNATAKA
                       DHARWAD BENCH

              DATED THIS THE 12th DAY OF JULY 2021

                             BEFORE

       THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

           WRIT PETITION No.148761/2020 (LA-RES)

BETWEEN:

NEELAMMA SHEELAVANTAR MATH (SHASTHRI MATH)
AGE. 60 YEARS, OCC. HOME MAKER,
R/O. KILL AREA, GANGAVATHI
TQ. GANGAVATHI, DIST. KOPPAL
                                   ...Petitioner
(By Sri.LINGRAJ MARADI, ADV.)

AND

1.     THE SPECIAL LAND ACQUISITION OFFICER
       MINIRABAD-MEHABOOB NAGAR
       RAILWAY LINE CONSTRUCTION PROJECT,
       SINDHANUR, DIST. RAICHUR.

2.     THE DEPUTY CHIEF ENGINEER
       SOUTH WESTERN RAILWAY
       (CONSTRUCTION) HUBBALLI,
       DIST. DHARWAD.

3.   THE DEPUTY COMMISSIONER
     KOPPAL D.C.OFFICE, KOPPAL, DIST. KOPPAL
                                        ......Respondents
(By Sri.H K BASAVARAJ, AGA FOR R1 & 3;
 SRI.AJAY U PATIL, ADV. FOR R2)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A.ISSUE A
WRIT     IN   THE   NATURE   OF       MANDAMUS   DIRECTING   THE
RESPONDENTS NO.1 TO CONSIDER THE APPLICATION FILED BY
THE PETITIONER U/S.28A OF LAND ACQUISITION ACT 1894 VIDE
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ANNEXURE -E DATED 10.02.2015.


      THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:


                            ORDER

In this writ petition, the petitioner has sought for the following relief:

"a. Issue a writ in the nature of mandamus directing the respondents No.1 to consider the application filed by the petitioner U/S.28A of Land Acquisition Act 1894 vide Annexure -E dated 10.02.2015.

b. Issue such other writ or order or direction as this Hon'ble Court deems just and proper under the facts and circumstances of the case and allow this writ petition in the interest of justice and equity."

2. The case of the petitioner is that, she is the owner of the land bearing Sy.No.260/5 measuring 04 guntas situated in Gangavathi taluk. The said land has been acquired by the respondents for the purpose of construction of Railway Lane between Munirabad-Mehaboob Nagar. Thereafter, notice has been issued under Section 12(2) of the Karnataka Land Acquisition Act, 1894 ('the Act' for short) and award has been passed. The petitioner has 3 withdrawn the award amount. Later, some of the adjoining land owners have filed reference application under Section 18(1) of the Act. The reference Court has allowed the application and enhanced the compensation. Thereafter, the petitioner has filed an application under Section 28-A of the Act vide Annexure-E. Since the application of the petitioner has not been considered, she is before this Court.

3. Sri H.K.Basavaraj, learned Additional Government Advocate appearing for respondent Nos.1 & 3 has submitted that, if such an application is pending before the Land Acquisition Officer, it will be considered in accordance with law.

4. In view of the submission of the learned Additional Government Advocate, the above writ petition is disposed off.

5. If the application-Annexure-E filed by the petitioner under Section 28-A of the Act is pending before the 1st respondent, the 1st respondent is directed to consider the same and pass appropriate order in 4 accordance with law not later than three months from the date of receipt of certified copy of this order.

With that observation, the above writ petition is disposed off.

Sd/-

JUDGE Kgk

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