Karnataka High Court
Balanagouda G. Patil vs The Secretary on 8 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:2795
WP No. 100519 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 100519 OF 2024 (LA-RES)
BETWEEN:
1. BALANAGOUDA G. PATIL
AGE: 75 YEARS,
OCC: AGRICULTURE,
R/O BUDIN. B.K., TQ.MUDHOL,
DIST. BAGALKOT 587101.
2. KRISHNAPPA G. PATIL
AGE: 78 YEARS,
OCC: AGRICULTURE,
R/O BUDIN. B.K. TQ.MUDHOL,
DIST: BAGALKOT-587101.
3. HANAMANTAGOUD. K.PATIL,
SUJATA AGE: 46 YEARS,
SUBHASH OCC: AGRICULTURE,
PAMMAR
Digitally signed by R/O BUDIN. B.K., TQ.MUDHOL,
SUJATA SUBHASH
PAMMAR
Date: 2024.02.19
DIST: BAGALKOT-587101.
21:04:33 -0800
4. VENKANAGOUD.K.PATIL
AGE: 43 YEARS,
OCC: AGRICULTURE,
R/O BUDIN. B.K., TQ: MUDHOL,
DIST: BAGALKOT-587101.
5. RAMAPPA B.B. PATIL,
AGE: 60 YEARS,
OCC: AGRICULTURE,
R/O BUDIN. B.K., TQ.MUDHOL,
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NC: 2024:KHC-D:2795
WP No. 100519 of 2024
DIST: BAGALKOT-587101.
6. HANAMANTH SANNABASAPPA NAIK
AGE: 35 YEARS,
OCC: AGRICULTURE,
R/O BUDIN. B.K., TQ: MUDHOL,
DIST. BAGALKOT-587101.
7. BASAPPA BHEEMAPPA B. PATIL
AGE: 70 YEARS,
OCC: AGRICULTURE,
R/O BUDIN. B.K. TQ: MUDHOL,
DIST: BAGALKOT-587101.
(SENIOR CITIZEN BENEFITS NOT CLAIMED
P-1,2,6,7)
...PETITIONERS
(BY SRI. UMESH P. HAKKARAKI, ADVOCATE)
AND:
1. THE SECRETARY,
GOVERNMENT OF KARNATAKA
FINANCE DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001.
2. THE SECRETARY,
GOVERNMENT OF KARNATAKA
REVENUE DEPARTMENT
VIDHANA SOUDHA,
BENGALURU-560001.
3. COMMISSIONER
KRISHNA UPPER PROJECT,
NAVANAGAR,
BAGALKOTE-587103.
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NC: 2024:KHC-D:2795
WP No. 100519 of 2024
4. THE GENERAL MANGAER,
KRISHNA BHAGYA JALA
NIGAM (KBJN)
3RD FLOOR, K.R.CIRCLE,
BENGALURU-560001.
5. THE SPECIAL DEPUTY COMMISSIONER,
KRISHNA UPPER PROJECT,
NAVANAGAR,
BAGALKOTE-587103.
6. THE SPECIAL LAND
ACQUISITION OFFICER
KRISHNA UPPER PROJECT,
JAMAKANDI,
BAGALKOTE-587103.
...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1 TO R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO
A) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS TO
CONSIDER THE REPRESENTATIONS DATED. 10-11-2023 WHICH ARE
PRODUCED AT ANNEXURE-G1 TO G16.
B) TO DIRECT THE RESPONDENTS TO PASS AN AWARD U/S 25 OF
THE ACT, 2013 WITHIN THE STIPULATED PERIOD AND PAY THE
COMPENSATION TO THE PETITIONERS WITHIN 3 MONTHS IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:2795
WP No. 100519 of 2024
ORDER
The petitioners lands are acquired for the upper Krishna Project due to the submergence of the land into the backwaters of Almatti dam due to the rise of its height to FRL 519.60 to 524.256. The petitioners' grievance that though the final notification was published in the Karnataka Gazette dated 11.1.2023, the respondents have not taken any steps to pass an award and pay just and proper compensation.
Section 25 of the Act, 2013 deals with the period, within which an award shall be made, and it states that the collector shall pass an award within a period of twelve months from the date of publication of the declaration under Section 19, and if no award is made within that period, the entire proceedings for the acquisition of land shall lapse. 2nd proviso to Section 25 states that the appropriate government shall have the power to extend the period of twelve months, if in its opinion circumstances exist, justifying the same. The final notification was published on 11.01.2023 and therefore, the award ought to have been passed on or before 10.01.2024. Though 2nd proviso to Section 25 gives authority to the State Government to extend the period, if circumstances warrant, however, the State Government in exercise of the said power cannot extend the period of limitation indefinitely.
2. Learned counsel for the petitioners files a memo enclosing the copy of the communication dated 20.01.2024 issued extending the time to pass the award till 31.12.2024.
3. Perusal of the communication indicated that, there are no justifiable grounds to extend the period of limitations, and the reasons assigned is that since the height of the dam is increased, the lands should be acquired in two phases, and the said reason does not satisfy the requirement of 2nd proviso to Section 25 of the Act, 2013.
-5-NC: 2024:KHC-D:2795 WP No. 100519 of 2024 Therefore, the petition stands disposed of directing respondent No.6 to pass an award under Section 25 of the Act, 2013 in pursuance of the final notification published in the Karnataka Gazette on 11.01.2023 within a period of three months from the date of receipt of the certified copy of this order.
Sd/-
JUDGE SSP List No.: 2 Sl No.: 1