Karnataka High Court
Sanjay S/O Yashwant Ghorpade vs The State Of Karnataka on 22 February, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 100973 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 100973 OF 2024 (LA-RES)
BETWEEN:
1. SANJAY S/O YASHWANT GHORPADE
AGE: 43 YRS, OCC: ADVOCATE,
R/O: NEAR GANESH HOTEL, GOVINDAPUR GALLI,
MUDHOL, TQ: MUDHOL,
DIST: BAGALKOT, PIN: 587 313
2. BABU S/O GOVIND GHORPADE
AGE: 75 YEARS, OCC: HOUSEHOLD WORK,
R/O: WARD NO. 5, GOVINDPUR GALLI, MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT, PIN: 587 313
3. PARASHURAM S/O SHANKAR GHORPADE
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: JAYANAGAR, MUDHOL,
Digitally TQ: MUDHOL, DIST: BAGALKOT, PIN: 587 313
signed by
SUJATA
SUJATA SUBHASH
SUBHASH PAMMAR 4. SMT. LAXMIBAI W/O MARUTI GHORPADE
PAMMAR Date:
2024.02.27 AGE: 67 YEARS, OCC: HOUSEHOLD WORK,
23:33:29 -
0800 R/O: WARD NO.5, GOVINDPUR GALLI, MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT, PIN: 587313
5. JYOTIBA S/O MARUTI GHORPADE
AGE: 39 YEARS, OCC: MASON WORK,
R/O: WARD NO. 5, GOVINDPUR GALLI, MUDHOL,
TQ: MUDHOL, DIST. BAGALKOT, PIN: 587313
6. SACHIN S/O MARUTI GHORPADE
AGE: 31 YEARS, OCC: MASON WORK,
R/O: WARD NO. 5, GOVINDPUR GALLI, MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT, PIN: 587313
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7. SMT. TULASABAI W/O BALAKRISHNA GHORPADE,
AGE: 55 YEARS, OCC: HOUSEHOLD
WORK & AGRICULTURE, R/O: JAYANAGAR,
NEAR VITHOBA TEMPLE, MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT, PIN: 587 313
8. SUDHEER S/O BALAKRISHNA GHORPADE
AGE: 35 YAERS, OCC: AGRICULTURE,
R/O: JAYANAGAR, NEAR VITHOBA TEMPLE,
MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN: 587 313
9. SMT. PADMA W/O MAHADEV KAALE
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
AT POST: SAAVALGI, TQ: JAMKHANDI,
DIST: BAGALKOT, PIN: 587330
10. SMT. SUNITA W/O RAMESH NIGADE
AGE: 39 YEARS, OCC: HOUSEHOLD WORK,
SUTOTTI GALLI, MUDHOL, TQ: MUDHOL,
DIST: BAGALKOT, PIN: 587 313
11. SATEESH S/O YASHWANT GHORPADE
AGE: 53 YEARS, OCC; AGRICULTURE,
R/O: JAYANAGAR, MUDHOL, TQ: MUDHOL,
DIST: BAGALKOT, PIN: 587 313
12. SMT. TANABAI W/O MARUTI SHINDHE
AGE: 55 YEARS, OCC: HOUSEHOLD WORK,
R/O: SANAL, TQ: JAMKHANDI,
DIST: BAGALKOT, PIN: 587 301
13. SMT. AMBABAI W/O GOVIND KADAM
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O: SHIVAJI CHOWK, NEAR GOVT. SCHOOL NO. 2,
JAMKHANDI, DIST. BAGALKOT, PIN: 587 301
14. SMT. ANITA @ VANITA W/O RAMCHANDRA PAWAR
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
AT POST: ASANGI, TQ. RABKAVI-BANAHATTI,
DIST: BAGALKOT, PIN: 587314
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15. SMT. SUSHILA W/O ABASAHEB NIGADE
AGE: 79 YEARS, OCC: HOUSEHOLD WORK,
R/O: WARD NO. 4, DANGI GALLI, MUDHOL,
TQ: MUDHOL, DIST: BAGALKOT, PIN: 587 313
16. SMT. PARWATI @ ROSHNBI W/O RAJESAB RANGAPUR
AGE: 55 YRS, OCC: HOUSEHOLD WORK,
C/O: RAJESAB B RANGAPUR, MENDIGERI PLOT,
NEAR BASAVESHWAR TEMPLE, KADAPATTI
17. SMT. JAYASHRI W/O SUBHAS MOKASHI
AGE: 51 YRS, OCC: HOUSEHOLD WORK,
R/O: NEAR ICPL SUGAR FACTORY, CHANNAGIRI
CROSS, NEAR SULOCHANA JAGALIBA KALAL BAR,
UTTUR, TQ: MUDHOL, DIST: BAGALKOT, PIN: 587 313
18. SMT. SAVITA W/O GANESH MANE
AGE: 47 YRS, OCC: HOUSEHOLD WORK,
R/O: NEAR GANESH HOTEL, GOVINDAPUR GALLI,
MUDHOL, TQ: MUDHOL, DIST: BAGALKOT, PIN: 587 313
19. SMT. KUSUMA W/O SHANKAR RANOJI
AGE: 69 YEARS, OCC: HOUSEHOLD WORK,
R/O: BELAVADI, TQ: BAILHONGAL,
DIST: BELGAUM, PIN: 591 104
20. SMT. PADMAVATI W/O DNYANADEV SHINDE
AGE: 45 YEARS, OCC: GOVT. SERVICE, R/O: ROOM
NO. 101, DEPARTMENT OF SCHEDULE
TRIBES, DISTRICT ADMINISTRATIVE OFFICE,
NAVANAGER, BAGALKOT, TQ & DIST: BAGALKOT
PIN: 587101
21. SMT. GEETA W/O HANAMANT GHATAGE
AGE: 49 YRS, OCC: HOUSEHOLD WORK,
R/O: AJAD GALLI, RABKAVI-BANAHATTI,
TQ. RABKAVI-BANAHATTI, DIST: BAGALKOT, PIN: 587 31
...PETITIONERS
(BY SRI. GANGADHAR S HOSAKERI., ADVOCATE)
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WP No. 100973 of 2024
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER
BAGALKOT, TQ &
DIST: BAGALKOT 587 101
3. THE SPECIAL DEPUTY COMMISSIONER
UPPER KRISHANA PROJECT AND ACQUISITION,
REHABILITATION AND RECONSTRUCTION,
UPPER KRISHNA PROJECT, JAMKHANDI,
TQ: JAMKHANDI, DIST: BAGALKOT 587 301
4. THE ASSISTANT COMMISSIONER
AND SPECIAL LAND ACQUISITION OFFICER
CUM ASSISTANT COMMISSIONER,
UPPER KRISHA PROJECT, JAMKHANDI,
TQ: JAMKHANDI, DIST: BAGALKOT 587 301
5. THE ASSISTANT EXECUTIVE ENGINEER
REHABILITATION SUB DIVISION NO. 1 OF
MUDHOL, TQ: MUDHOL, DIST: BAGALKOT
PIN: 587 313. ...RESPONDENTS
(BY SRI.HANAMANTHARAYA LAGALI, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING
THE ACQUISITION PROCEEDING ISSUED BY THE 3RD THE
RESPONDENT BEARING NO.VJJ/BU SWA-03/CR-08/2021-22
DATED 10.01.2022 GAZET NOTIFICATION DATED 19.01.2022,
VIDE ANNEXURE-C, IN SO FOR AS PETITIONERS PROPERTY IS
CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENTS AUTHORITIES TO EXAMINE THE
AVAILABLE GOVERNMENT VACANT LAND, VIDE ANNEXURE-E
SERIES.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioners claim to be the owners of the land bearing Sy.No.146/1A measuring 7 acres 25 guntas situated at Zunjurkoppa village, Mudhol Taluk, Bagalkot District.
2. The respondent No.4 issued a notification dated 19.1.2022 under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short `Act, 2013) proposing to acquire the subject land for the purpose of rehabilitation center. The petitioners apprehending that the respondents are likely to issue final notification under Section 19(1) of the Act, 2013 without considering the objection, approached this Court in WP No.102631/2023. This Court vide order dated 25.4.2023 directed the respondent No.4 to consider the representation dated 4.3.2022 submitted by the petitioners, and pass appropriate order in accordance with law. Though the preliminary notification under Section 11(1) was issued on 19.1.2022, the petitioners' grievance is that it is not followed by a final notification within the time prescribed under Section 25 of the Act, 2013. Hence this petition.
3. Heard the learned counsel for the petitioners and the learned Additional Advocate General for the State.
4. The preliminary notification was issued on 19.1.2022 under Section 11(1) of the Act, 2013, and therefore, the final notification under Section 19(1) of the Act, 2013 was required to be issued on or before 18.1.2023, and the First -6- NC: 2024:KHC-D:4320 WP No. 100973 of 2024 proviso to Section 25 of the Act, 2013 provides for extension of time if circumstances exist justifying the same in exercise of the power under First proviso to Section 25 of the Act 2013. In terms of the power conferred under the First proviso to Section 25 of the Act, 2013, the government extended the time for issuing the final notification on or before 31.12.2023. The issue involved in this petition was examined by this Court in WP No.108902/2016 c/w WP No.109047/2016 (DD 29.1.2024) wherein it is held as follows.
"The First proviso to Section 25 of the Act, 2013 provides for extension of time. The proviso does not stipulate the maximum time, which can be extended. When the provision is silent, it is implied that it should be passed within a reasonable time, and the reasonable time depends upon facts and circumstances of each case, but it cannot exceed the original period specified unless there are specific provisions allowing for such extensions. This principle ensures that the Government adheres to the original terms and conditions as much as possible, to promote fairness and prevent the Government from exercising the powers arbitrarily. The first of the orders was passed extending the time from 30.5.2016 to 30.8.2016, and ultimately the time was extended up to 30.11.2016, and the draft was approved on 24.10.2016. The First proviso to Section 25 speaks about extension of time, but does not state that the appropriate government can pass multiple orders extending the time, and if the time is extended on multiple occasions, the very purpose of Section 25 of the Act, 2013 would become redundant, thus, resulting in making Section 25 ineffective".
5. Accordingly, the final notification having not been issued within the time prescribed, the preliminary notification -7- NC: 2024:KHC-D:4320 WP No. 100973 of 2024 stands lapsed by operation of law as stated under Section 25 of the Act 2013. Accordingly, I pass the following:
ORDER
i) The petition is allowed.
ii) The impugned notification dated 19.1.2022 issued by the respondent No.3 at Annexure-C insofar as it relates to the petitioners' land is hereby quashed.
Sd/-
JUDGE BKM CT:ANB List No.: 1 Sl No.: 57