Karnataka High Court
Sri. Vishwanatha vs State Of Karnataka on 30 June, 2014
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 30TH DAY OF JUNE 2014
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
W. P. Nos.30745-30753/2013(S-RES)
C/W
W.P. No.31010/2013(S-RES)
AND
W. P. Nos. 32188-32215/2013(S-RES)
W.P. Nos.30745-753/2013(S-RES)
BETWEEN:
1. SRI. VISHWANATHA
AGED ABOUT 35 YEARS
S/O ERUMOOLYA
RESIDENT OF SHIVAKRUPA
MSEZ COLONY
KALVAR, KAIKANTA
VIA BAJPE
MANGALORE TALUK
DK 575 001
2. SRI DAYANAND
AGED ABOUT 36 YEARS
S/O RAMAPOOJARY
RESIDENT OF SHIVAKRUPA
MSEZ COLONY
KALAVAR KAIKANTA
VIA BAJPE
MANGALORE TALUK
DK 575 001
2
3. SRI DEVY RAKSHAN SHETTY
AGED ABOUT 27 YEARS
S/O LATE NAGARAJ SHETTY
BALADA GUTTU HOUSE
BALA POST, VIA KATTIPALA
MANGALORE TALUK, DK 575 001
4. SRI PRAKASH SHEETY
AGED ABOUT 38 YEARS
S/O KOGGU SHETTY
SWAMILA PADAR
VISHNUKRUPA POST
BAJPE
MANGALORE TALUK
DK 575 001
5. SRI HARISH
AGED ABOUT 38 YEARS
S/O SANJEEV POOJARY
HARIKERE HOUSE
JOKATTI POST
62, THOKKUR VILLAGE
MANGALORE TALUK
DK 575 001
6. SRI PUSHPARAJ
AGED ABOUT 38 YEARS
S/O NARAYAN MULIYA
MSEZ COLONY
NARAYANA NILAYA
KULLAI POST, KODIHERE
MANGALORE TALUK
DK 575 001
7. SRI NARYANA KULLAL
AGED ABOUT 39 YEARS
S/O KORANGU MOOLYA
LIKITHA NIVAS
3RD CROSS, KATTIPALAYA POST,
MANGALORE TALK, DK 575 001
3
8. SRI YOGITHA ANCHAN
AGED ABOUT 19 YEARS
D/O KRISHNAPPA ANCHAN
SHIVAKRUPA HOUSE
DURGA NAGAR
EKKUR POST, MANGALORE TALUK
DK 575 001.
9. SRI NITIN
AGED ABOUT 23 YEARS
S/O LATE ANANDA BANGERAN
SAMRUDDI NILAYA
MSEZ COLONY
KODIHERE, KULLAI POST
MANGALRE TALUK
DK 575 001
... PETITIONERS
(By SRI KESHAVA BHAT, ADV.)
AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS
CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE 560 001
2. UNION OF INDIA
REPRESENTED BY ITS
SECRETARY
MINISTRY OF RURAL DEVELOPMENT
DEPARTMENT OF LAND DEVELOPMENTS
AND LAND RESOURCES
NEW DELHI 110 001
3. DEPUTY COMMISSIONER OF
DAKSHINA KARNATAKA
MANGALORE 575 001
4
4. MANGALORE SPECIAL ECONOMIC ZONE LTD.,
3RD FLOOR, MUDA BUILDING
URVA STORES
REPRESENTED BY ITS
MANAGING DIRECTOR
MANGALORE 575 006
5. MANGALORE REFINERY
AND PETROCHEMICAL LIMITED (MRPL)
REPRESENTED BY ITS
MANAGING DIRECTOR
KULHETHUR POST
VIA KATTIPALLA
MANGALORE 575 030
6. INDIAN STRATEGIC PETROLEUM
RESOURCES LTD.,
(ISPRL)
REPRESENTED BY ITS
MANAGING DIRECTOR
KALAVARU PRADVU POST & VILLAGE
VIA BAJPE
MANGALORE 574 142
...RESPONDENTS
(By Smt. M S Prathima - HCGP FOR R1 TO R3
Sri N Y Manjunath - CGC for R2
Sri P D Vishwanath - Advocate. for R4 & R5 )
*****
THESE WRIT PETITIONS ARE FILED PRAYING TO DIRECT
THE RESPONDENTS TO PROVIDE EMPLOYMENT TO ALL THE
PETITIONERS IN THE MANGALORE REFINERY &
PETROCHEMICAL LTD., R5 FORTHWITH AS PER THE SCHEME
FRAMED BY THE STATE OF KARNATAKA DT.20.6.07, IN GOVT.
ORDER AS PER ANN-B & GOVT ORDE DT.2.12.11 AS PER ANN-C.
5
W.P. NO.31010/2013 (S-RES)
AND
W.P. NOS.32188-32215/2013(S-RES)
1. 62-THOKURU GRAMA HITHARAKSHANA
SAMITHI
OFFICE: LAKSHMI GANESHA
NIVASA, PANJIGURI, JOKATTE
POST, VIA BAJPE, MANGALORE
REPRESENTED BY ITS PRESIDENT:
SRI MUKTHANANDA MELANTA
AGED 55 YEARS S/O LATE ISHWARA
MELANTA, RESIDIN AT "SHARDI"
M.S.E.Z. COLONY
62 TOKUR, POST: JOKATTE
VIA: BAJPE,
MANGALORE TALUK-575011
2. MR HAMMABBA HAFEES
AGED 22 YEARS
SON OF PUTTHU BAVA
RESIDING AT M.S.E.Z.COLONY
62-THOKURU, JOKATTE POST
MANGALORE TQ.-575011
3. MR PRAVEEN SHETTY
AGED 40 YEARS
SON OF DIVAKAR SHETTY
RESIDING AT JAVA NAGARA
THADAMBAIL, SURATHKAL
MANGALORE TALUK-575014
4. MR PRADEEP A KOTIAN
AGED 32 YEARS
SON OF ITHAPPA POOJARY
RESIDING AT NIRMUNJE HOUSE
JOKATTE POST
MANGALORE-574173
6
5. MR ASHWATH KUMAR
AGED 25 YEARS
SON OF UMESH KOTIAN
RESIDING AT SAMRUDDHI
HOUSE, KALAVARU POST
MANGALORE TALUK-574142
6. MR PRAJWAL B R
AGED 20 YEARS
SON OF RAJU SALIAN
RESIDING AT "BRAHMARA
JYOTHI", SITE NO. NM-05
M.S.E.Z. COLONY, KULAI
MANGALORE TALUK-505719
7. MR MITHUN
AGED 20 YEARS
SON OF JEETHENDRA
RESIDING AT KODIKERE
M.S.E.Z. COLONY, KULAI
KULAI POST,
MANGALORE TALUK-505719
8. MR SANTHOSH KUMAR
AGED 27 YEARS
SON OF KESHAVA POOJARY
RESIDING AT SITE NO.19A
KODIKERE, KULAI
KULAI POST
MANGALORE TALUK-505719
9. R LOKESH SHETTY
AGED 30 YEARS
SON OF APPANNA SHETTY
RESIDING AT "SHREE DEVI" NILAYA,
NEAR MASJID PORKODI,
MANGALORE TALUK
7
10. MR.KEERTHAN ALVA
AGED 28 YEARS,
S/O DAYANANDA ALVA,
RESIDING AT "RATHINIKETHANA"
M.S.E.Z. COLONY, T
HOKURU, JOKATTE POST,
MANGALORE TALUK
11. MR. PUNEETH KUMAR
AGED 21 YEARS,
S/O GIRIYAPPA POOJARY,
RESIDING AT "MATHA SREE" KODIKERE
M.S.E.Z. COLONY,
KULAI, KULAI POST,
MANGALORE TALUK
12. MR. LOKESH
AGED 29 YEARS,
S/O KRISHNAPPA POOJARY,
RESIDING AT KELAGINA KANA HOUSE,
JOKATTE POST,
MANGALORE TALUK
13. MR. DINESH
AGED ABOUT 26 YEARS,
S/O LATE ANANDA POOJARY,
RESIDING AT "ANANDA NILAYA"
M.S.E.Z. COLONY,
62-THOKURU,JOKATTE POST,
VIA: BAJPE, MANGALORE TALUK
14. MR. NAVANEETH KUMAR
AGED ABOUT 20 YEARS,
SON DAMODHAR CHOWTA,
RESIDING AT PACHANADI, BONDEL,
MANGALORE TALUK
8
15. MR. SANTHOSH KUMAR
AGED ABOUT 26 YEARS,
SON OF LATE VENKAPPA POOJARY,
RESIDING AT M.S.E.Z COLONY,
62, THOKURU, JOKATTE POST,
MANGALORE TALUK
16. MR.NAGESH
AGED ABOUT 34 YEARS,
S/O T.P BANGERS,
RESIDING AT VIDYANAGRA, KULAI,
KULAI POST, MANGALORE TALUK
17. MR. KISHOR
AGED ABOUT 34 YEARS,
S/O LATE SIDDU POOJARY,
RESIDING AT AREKERE HOUSE,
JOKATTE POST,
62-THOKURU VILLAGE,
MANGALORE TALUK
18. MR. MOHANDAS K SHETTY
AGE 30 YEARS,
S/O KANTHAPPA SHETTY,
R/AT "VINODHA NILAYA"
MSEZ COLONY, KULAI
19. MR MOHAN
S/O GUNDAPPA
AGED ABOUT 21 YEARS
R/AT MSEZL COLONY
KULAI-575019
20. MR MOHITH M
S/O MOHAN
AGED ABOUT 19 YARS
R/AT DR.NO 2-39(3),
C/O ALWYN RODRIGUES
KAVINAKALLU, KULAI-575019
9
21. MRS BHAVYA
S/O BHUJANGA POOJARY
AGED ABOUT 23 YAERS
/O NAVEEN KUMAR
R/AT DR.NO.2-129 (2), KUNCHALA HOUSE,
KALAVAR POST
KALAVAR-5714142
22. MR GANESH PRASAD
S/O SANJEEVA
AGED ABOUT 21 YEARS
R/AT DR.NO.2-33, MSEZ COLONY
KALVAR POST
KALAVAR-574142
23. MR LATHESH KUMAR
S/O MAHAVALA MOOLYA
AGED ABOUT 20 YEARS
R/AT "MATHRISHREE",
ST NO. 407
MSEZ COLONY,
KULAI (KODIKERE) POST,
KULAI-575019
24. GLARIAN VEGAS
S/O REMAND VEIGAS
AGED ABOUT 19 YEARS
R/AT J M J HOUSE KENJAR POST
VIA BAJAPE MANGALORE-574142
25. MR HARISHA
S/O SURESH
AGED ABOUT 24 YEARS
R/AT KALAVARU TEMPLE
NEAR KALAVARU POST
AND VILLAGE-574142
MANGALORE
DK
10
26. MR RAJARAM
S/O ITHAPPA POOJARY
AGED ABOUT 30 YEARS
R/AT NIRMUNJE HOUSE
JOKATTE POST
MANGALORE-574173
27. MR NAGARAJ
S/O LATE SUNDARA POOJARY
AGED ABOUT 38 YEARS
RESIDING AT ARIKERE HOUSE
JOKATTE POST-62
THOKURU VILLAGE
MANGALORE TALUK-575011
28. MISS. RAKSHA
AGED 24YEARS
D/O MUKTHANANDA MELANTA,
R/AT SHARDI M.S.E.Z. COLONY,
62 THOKUR, P.O. JOKATTE,
VIA BAJPE,
MANGALORE-575011
...PETITIONERS
(BY SRI P P HEGDE, ADV.)
AND:
1. THE GOVERNMENT OF KARNATAKA
REP BY ITS CHIEF SECRETARY
VIDHANA SOUDAH,
BANGALORE-01
2. UNDER SECRETARY TO
GOVERNMENT OF KARNATAKA
REVENUE DEPARTMENT (REHABITATIONS)
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-23
11
3. GOVERNMENT OF INDIA -
REP BY ITS SECRETARY
DEPARTMENT OF LAND RESOURCES,
MINISTRY OF RURAL DEVELOPMENT,
NEW DELHI
4. DEPUTY COMMISSIONER
DAKSHINA KANNADA DISTRICT
MANGALORE-01
5. MANGALORE SPECIAL ECONOMIC ZONE LTD.
3RD FLOOR, MUDA BUILDING,
URVA STORES, MANGALORE-575006
REP BY ITS MANAGING DIRECTOR
AND CHIEF EXECUTIVE OFFICER-575006
6. MANGALORE REFINERY & PETRO CHEMICAL LTD.
POST: KUTHETHUR, VIA: KATIPALLA,
MANGALORE TALUK-575030
REP BY ITS MANAGING DIRECTOR
7. INDIAN STRATEGIC PETROLEUM RESERVE LTD.
KALAVARU PADAVU,
POST & VILLAGE,
KALAVARU,
VIA: BAJPE,
MANGALORE-574142
REP BY ITS MANAGING DIRECTOR
...RESPONDENTS
(BY Smt. M S Prathima - HCGP FOR R1 TO R4
Sri P D Vishwanath - Advocate. for R5 & R6 )
THESE WRIT PETITIONS FILED PRAYING TO DIRECT THE
R5-MANGALORE SPL. ECONOMIC ZONE AND R6 MRPL TO
PROVIDE EMPLOYMENT TO PETITIONERS NO.2 TO 28 WITHIN
THE TIME LIMIT TO BE FIXED BY THIS COURT.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN B GROUP THIS DAY, THE COURT PASSED THE
FOLLOWING:
12
ORDER
The lands belongings to the petitioners were developed by the KIADB under a scheme called "Mangalore Special Economic Zone Ltd.," (MSEZ Ltd). The scheme was evolved by the Government of India, by name, The National Rehabilitation and Resettlement Policy, 2007 and the Government of Karnataka has evolved similar scheme called Rehabilitation and Settlement of the persons whose lands have been acquired for the Mangalore special Economic Zone. As per the Scheme 2007, the Government of India at item 7.13.1 contemplated that 'In case of a project involving land acquisition on behalf of a requiring body:-
(a) the requiring body shall give preference to the affected families - at least one person per nuclear family - in providing employment in the project, subject to the availability of vacancies and suitability of the affected person for the employment". If persons are not trained and eligible, then as per Clause (b) which states that,
(b) wherever necessary, the requiring body shall arrange for training of the affected persons, so as to enable such persons to take on suitable jobs;13
2. On the similar line, the Government of Karnataka has also formulated a scheme in which items 15 and 16 pertains to re- habilitation and resettlement. The Government Order No.RD 116 REH 2011, dated 2.12.2011 of the scheme, provides for implementation of employment process by MRPL, OMPL, ISPRL & other MSEZL units giving numbers for employment and timelines by respective companies and criteria for selection to be finalized, for MRPL within three months from the date of issue of the said order.
3. The petitioners submit that this scheme has not been fully implemented and as many as 97 persons are yet to get employment from MRPL and 299 persons from OMPL and 58 persons from ISPRL and 516 persons from MSEZL totaling to 970 persons, who have not been appointed. The requiring body has not even paid the stipend as per the scheme evolved by Government of India and Government of Karnataka.
4. The Deputy Commissioner of Mangalore DK District is the competent authority to provide the list to the respective requiring body to provide employment. As per this provision, the Deputy 14 Commissioner has to forward the list to the concerned requiring body.
5. These petitioners are such whose lands have been acquired but the scheme formulated for their rehabilitation has not been implemented by the Respondent - MRPL. Hence the petitioners have sought for a writ of mandamus to the respondent- Deputy Commissioner to take suitable action on the MRPL as provided for in the Scheme. The acquisition was of the year 2006 and this scheme was evolved in the year 2007 and it is the duty cast upon the Deputy Commissioner as well as requiring body to provide employment within 3 years from the date of the Order as per Annexure-C and the same has not been complied with.
6. The learned counsel for respondents 4 and 5 submitted that as per the scheme, several persons were appointed and he sought time for verifying as to who are all the persons who have not been appointed. It is submitted that the scheme evolved by the Government of India and Government of Karnataka has not been diverted or disobeyed. Since 2011, the Government of Karnataka vide its order dated 2.12.2011 as per Annexure-C, 3 years is not 15 yet completed. Hence the prayer made in these writ petitions cannot be maintained.
7. The learned High Court Government Pleader submitted that it is the duty of the Deputy Commissioner to forward the list of eligible persons and the requiring body has to comply the same by providing employment as per the Scheme.
8. The lands of these petitioners have been acquired as per Annexure A and B by Government of Karnataka and Government of India and scheme has been evolved to rehabilitate such persons. When such schemes are evolved, it is for the requiring body to provide employment to the persons who are eligible for employment. It is the statutory duty of the Government of Karnataka to provide employment to the beneficiaries. The requiring body is entitled to train them and thereafter, their cases should be considered for employment. It is the duty of the Deputy Commissioner to forward the list of eligible persons for consideration and to find out whether the land losers have been provided employment or not. Unless and until the last person gets employment, the job of the Deputy Commissioner will not get over and he has to take coercive steps on the requiring body to provide 16 job to these persons. The application was made in the year 2006 and about 10 years from the date of acquisition, for one or the other reasons, the beneficiaries are made to run from pillar to post without fruit of the scheme being reached to them, which is nothing but arbitrary and violation of Article 14 of the Constitution of India.
9. It is further submitted by the petitioners that as per the Government order, the petitioners are entitled for stipend and subsistence allowance, which is also not paid. In this regard, the petitioners are to be permitted to represent to the Deputy Commissioner, who has to consider the same and take appropriate steps in the matter.
10. Hence, these writ petitions are disposed of with the following directions;
A) The Deputy Commissioner, Mangalore is directed to see that the requiring body - MRPL issues such appointment orders to the petitioners, the displaced persons as per the Rehabilitation Scheme dated 31.10.2007 vide Annexure-A and pursuant 17 Proceedings/Order of the State Government thereon dated 20.6.2007 and 2.12.2011 as per Annexures-B & C within a period of three months from the date of receipt of copy of this order.
B) The Deputy Commissioner is also directed to consider the representations to be submitted by the petitioners seeking stipend and subsistence allowance as per clause 5 of the Government Order dated 2.12.20112 as per Annexure-C and see for payment of stipend and subsistence allowance as expeditiously as possible.
Sd/-
JUDGE Nm/-