Karnataka High Court
Kallappa S/O Ningappa Yenagi vs The Special Land Acquisition Officer on 21 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC-D:4237
WP No. 101133 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 101133 OF 2024 (LA-RES)
BETWEEN:
1. KALLAPPA S/O NINGAPPA YENAGI
AGE: YEARS, OCC: AGRICULTURE,
R/O. HIREMULKUR, TQ: BAILHONGAL,
RAMAPPA NAGAPPA SHIDRAMANNAVAR DEAD BY LRS
2. BHIMANAGOUDA RAMAPPA SHIDRAMANNAVAR
AGE: YEARS, OCC: AGRICULTURE,
R/O. HIREMULKUR, TQ: BAILHONGAL,
SIDDAPPA PUNDALIK KARIDEMANNAVAR DEAD BY LRS
3. VIRUPAX S/O SIDDAPAP KARIDEMANNAVAR
AGE: YEARS, OCC: AGRICULTURE,
R/O. HIREMULKUR, TQ: BAILHONGAL,
SUJATA 4. FAKIRAPPA S/O BASAPPA SANKANNAVA
SUBHASH AGE: YEARS, OCC: AGRICULTURE,
PAMMAR R/O. HIREMULKUR, TQ: BAILHONGAL,
5. LAXMAN S/O BHIMAPPA KARIDEMANNAVAR
AGE: YEARS, OCC: AGRICULTURE,
R/O. HIREMULKUR, TQ: BAILHONGAL,
...PETITIONERS
(BY SRI. OMKAR LAXMAN DESAI, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
MALAPRABHA PROJECT-III BAGALKOT DIST: BAGALKOT
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NC: 2024:KHC-D:4237
WP No. 101133 of 2024
2. THE EXECUTIVE ENGINEER
KARNATAKA NEERAVARI NIGAM LIMITED MLBC DIVISION
NO.2 NAVILUTHEERTH TQ: SAUNDATTI DIST: BELAGAVI
...RESPONDENTS
(BY SRI. V.S. KALASURMATH HCGP FOR R1;
SRI. M. B. KANAVI ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO,
1. ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OF
DIRECTIONS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE
REPRESENTATION DATED 23-08-2018 VIDE ANNEXURE-C AND PAY
THE DAMAGES/COMPENSATION AMOUNT FROM THE DATE OF
TAKING POSSESSION TILL THE DATE OF 4(1) NOTIFICATION IN
RESPECT OF SY.NO.34/4 MEASURING 15 GUNTAS, SY.NO.30/4D
MEASURING 07 GUNTAS, SY.NO.23/2A MEASURING 29 GUNTAS,
SY.NO.19/1 MEASURING 23 GUNTAS, SY.NO.30/3 MEASURING 1
ACRE 15 GUNTAS AND SY.NO.32/1 MEASURING 14 GUNTAS TO THE
PETITIONERS RESPECTIVELY WITH ALL CONSEQUENTIAL BENEFITS
TAKING INTO CONSIDERATION SIMILAR DAMAGES/AWARDS
PASSED BY THE 1ST RESPONDENT IN THE ENDS OF JUSTICE AND
EQUITY. OR
2. ISSUE A WRIT OF MANDAMUS OR ANY DIRECTIONS, DIRECTING
RESPONDENT NO.1 TO PAY ADDITIONAL INTEREST BY WAY OF
DAMAGES, AT THE RATE OF 15% PER ANNUM FROM THE PERIOD
BETWEEN TAKING POSSESSION TILL 4(1) NOTIFICATION AS HELD
BY THE HON'BLE SUPREME COURT IN THE CASE OF BALWAN SING
AND OTHERS V/S L A O AND OTHERS, AIR 2016 SC 1565.
3. ISSUE A WRIT OF MANDAMUS OR ANY DIRECTIONS, DIRECTING
THE RESPONDENTS TO PAY INTEREST FOR THE DELAYED PAYMENT
PERIOD, IN THE ENDS 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:4237
WP No. 101133 of 2024
ORDER
The petitioners states that the lands belonging to them were acquired for the purpose of Malapraba Reservoir Project and an award was passed on 15.12.2011, granting compensation at the rate of Rs.51,000/- per acre. Being dissatisfied, the petitioner sought reference under section 18(1) of the Land Acquisition Act. The reference Court enhanced the compensation to Rs.2,78,600/- per acre.
2. The petitioners submitted a representation with the respondents for paying damages from the date of dispossession till the date of issuance of preliminary notification under section 4(1) of the Land Acquisition Act, 1894. Petitioners have further stated, in respect of adjoining land acquired under the same notification, respondent No.1 has passed an order awarding damages. Therefore, the representation submitted by the petitioner requires to be considered in accordance with law.
3. Learned HCGP on instruction submits that the representation submitted by the petitioners will be considered in accordance with law if reasonable time is granted.
4. Therefore, it is expedient to dispose of the writ petition directing respondent No.1 to consider the -4- NC: 2024:KHC-D:4237 WP No. 101133 of 2024 representation dated 23.08.2018 submitted by the petitioner at Annexure-C and pass appropriate order in accordance with law within a period of three months, from the date of receipt of a certified copy of this order.
5. The writ petition stands disposed of accordingly.
Sd/-
JUDGE SSP CT:CNB List No.: 2 Sl No.: 5