Mrs. Deeba Alghani vs The Deputy Commissioner on 23 January, 2019

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Karnataka High Court

Mrs. Deeba Alghani vs The Deputy Commissioner on 23 January, 2019

Bench: Alok Aradhe

                              1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 23RD DAY OF JANUARY 2019

                          BEFORE
         THE HON'BLE MR. JUSTICE ALOK ARADHE

        WRIT PETITION NO.6141 OF 2017 (GM-RES)

BETWEEN:

MRS. DEEBA ALGHANI
AGED ABOUT 29 YEARS,
D/O. ZUBAIDA,
DOOR NO.1-6(80),
NEAR ZILLA PANCHAYATH PRIMARY SCHOOL,
NADUSAL, KANCHINADKA,
PADUBIDRI,
UDUPI TALUK AND DISTRICT - 572 101.

                                              ... PETITIONER
(By Mr. S K ACHARYA, ADV. (ABSENT))


AND:

1.     THE DEPUTY COMMISSIONER
       UDUPI DISTRICT,
       UDUPI-576 101.

2.     INDIAN STRATEGIC PETROLEUM RESERVERS LTD., (ISPRL)
       MINISTRY OF PETROLEUM AND NATURAL GAS,
       PADUR PROJECT OFFICE,
       PADUR, VIA KAUP-574 106,
       UDUPI TALUK AND DISTRICT,
       REPRESENTED BY ITS DEPUTY GENERAL MANAGER.

                                            ... RESPONDENTS

(By Mr.V.SREENIDHI AGA FOR R1
    MR.B.K.SREEDHAR ADV. FOR R2 ADV.)
                             2



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-1 TO ADJUDICATE THE CLAIM REGARDING
COMPENSATION    AS    WELL   AS   ENHANCEMENT    OF
COMPENSATION IN RESPECT OF THE SCHEDULE LAND
BEING USED FOR THE POWER PROJECT BY R-2 AND TO
DISBURSE THE SAID COMPENSATION AMOUNT TO THE
PETITIONER FORTHWITH IN ACCORDANCE WITH LAW.


     THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN B GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-


                         ORDER

Sri.S.k. Acharya Advocate for the petitioner. Mr.V.Sreenidhi, learned Government Advocate for respondent No.1.

Sri.B.K.Sreedhar Advocate for respondent No.2.

2. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing respondent No.1-Deputy Commissioner, Udupi to adjudicate the claim regarding compensation as well as enhancement of compensation in respect of schedule land being used for power project 3 by respondent No.2 and to disburse the said compensation.

3. When the matter is taken up today, learned Government Advocate has invited the attention of this Court to the order dated 30.11.2016 passed by a Bench of this Court in W.P.Nos.24181-183/2015 and has submitted that the issue involved in this writ petition is squarely covered by the aforesaid decision.

4. The aforesaid submission is not disputed by respondent No.2.

5. In view of the submissions made and in facts of the case, the Writ Petition is disposed of with a direction to the parties to appear before the Deputy Commissioner, Udupi on 11.02.2019 at 11.00 a.m. and the aforesaid authority after providing a reasonable opportunity of hearing to the parties and to adduce evidence to them, shall decide the claim of the petitioner with regard to grant of compensation, if any, 4 within a period of six weeks thereafter. It is made clear that pending decision on the claim of the petitioners seeking compensation, shall not prevent the respondent No.2 in any manner in going ahead with the laying of transmission lines on the land in question, which is being undertaken by Karnataka Power Transmission Company Limited at the costs of respondent No.2.

Ad-interim order, if any, shall stand vacated. Accordingly, the petition is disposed of.

Sd/-

JUDGE SS

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