Allowed

Valerian Rodrigues v. State of Karnataka

Karnataka HC10 Apr 2014WP/50409/2013

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of multiple writ petitions challenging land acquisition notifications for an Air Station for the Indian Coastguard. Holding that the award compensation rate of Rs. 8,000 per cent was unreasonably low and would shock the conscience of the Court, the judge set aside the awards and directed fresh procedures.

What did the court decide?

Awards dated 30.09.2013 set aside; petitioners liable to be issued fresh notice for award proceedings; directed to appear for deposition on true and fair market value.

Valerian Rodrigues Vs State of Karnataka — Land Acquisition | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 10^TH DAY OF APRIL, 2014

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BEFORE

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THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No. 55228 OF 2013 (LA-RES)

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CONNECTED WITH

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WRIT PETITION No.50782 OF 2013 (LA-RES) WRIT PETITION No.50409 OF 2013 (LA-RES) WRIT PETITION No.50780 OF 2013 (LA-RES)

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WRIT PETITION No.49995 OF 2013 (LA-RES) WRIT PETITION No.52221 OF 2013 (LA-RES)

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WRIT PETITION Nos.49994 AND 57423-57425 OF 2013

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(LA-RES)

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WRIT PETITION No.54164 OF 2013 (LA-RES)

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WRIT PETITION No.50410 OF 2013 (LA-RES)

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WRIT PETITION Nos.51439 AND 57812 OF 2013 (LA-RES)

IN W.P.NO.55228/2013

BETWEEN:

Mr. Oswald D’Souza, Son of Benjamin D’Souza, Aged about 45 years, Kodi House, Pachanady Village, Bondel Post, Mangalore – 6.

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…PETITIONER

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(By Shri. Cyril Prasad Pais, Advocate)

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AND:

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State of Karnataka, Represented by its Principal Secretary, Revenue Department, M.S.Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Commissioner, Dakshina Kannada District, Mangalore – 01.

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The Land Acquisition Officer and Assistant Commissioner, Mangalore -01 Dakshina Kannada District.

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… RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the preliminary notification dated 27.8.2012 issued by the respondent vide Annexure-A and to quash the final notification dated 2.4.2013 issued by the first respondent vide Annexure-B and direct the concerned Authorities to consider the objections filed by the petitioners dated 16.10.2012 at Annexure-C and consequently drop the petitioner’s land from the acquisition.

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IN W.P.No.50782/2013

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BETWEEN:

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Mr. Alwyn Rodrigues, Aged about 52 years, Son of Late Lawrence Baptist Rodrigues, Chadda Complex, Charkup Village, Kandiwili West, Mumbai – 400067.

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And also at

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Rodrigues Cottage, M. Kunder Compound, Ashoknagar, Mangalore – 575 006.

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…PETITIONER

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(By Shri. Cyril Prasad Pais, Advocate)

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AND:

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State of Karnataka, Represented by its Principal Secretary,

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Revenue Department, M.S.Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Commissioner, Dakshina Kannada District, Mangalore – 575 001.

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The Land Acquisition Officer and Assistant Commissioner, Mangalore Sub Division, Mangalore– 575 001, Dakshina Kannada District.

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… RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 27.8.2012 issued by the first respondent vide Annexure-A and to quash the notification dated 2.4.2013 issued by the first respondent’s which is at Annexure-B and direct the concerned Authorities to consider the objections filed by the petitioner dated 16.10.2012 at Annexure-C and consequently drop the petitioner’s land from the acquisition.

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IN W.P.No.50409/2013

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BETWEEN:

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Valerian Rodrigues, Aged about 50 years, Son of Late Francis Rodrigues,

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Kuntalkambla House, Near Old Air Port, Bajpe Post, Mangalore Taluk – 574 142. …PETITIONER

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(By Shri. Cyril Prasad Pais, Advocate)

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AND:

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State of Karnataka, Represented by its Principal Secretary, Revenue Department, M.S.Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Commissioner, Dakshina Kannada District, Mangalore – 575 001.

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The Land Acquisition Officer and Assistant Commissioner, Mangalore Sub Division, Mangalore, Dakshina Kannada District – 575 001.

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… RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification under Section 4[1] of the Land Acquisition Act 1894 and published in the Karnataka Gazette dated 14.9.2012 issued by respondent no.1 to 3 vide Annexure-A and etc;

IN W.P.No.50780/2013

BETWEEN:

Godwin Alwin D’Souza, Aged about 25 years, Son of Albert D’Souza, Residing at Kuntalkambla House, Near Old Air Port, Bajpe Post, Mangalore Taluk – 574 142. …PETITIONER

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(By Shri. Cyril Prasad Pais, Advocate) AND:

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State of Karnataka, Represented by its Principal Secretary, Revenue Department, M.S.Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Commissioner, Dakshina Kannada District, Mangalore –04.

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The Land Acquisition Officer and Assistant Commissioner, Mangalore Sub Division, Mangalore - 04, Dakshina Kannada District.

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… RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 27.8.2012 issued by the respondents vide Annexure-A and to quash the notification dated 2.4.2013 issued by the first respondent vide Annexure-B and direct the concerned Authorities to consider the objections filed by the petitioner dated 19.11.2012 at Annexure-C and consequently drop the proceedings in respect of the petitioner.

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IN W.P.No.49995/2013

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BETWEEN:

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Smt. Leena Rodrigues nee Noronha, Wife of John Noronha, Aged about 74 years, Residing at C/6, Lachmi Gobind, 4 Bunglow, J.P.Road, Andheri West, Mumbai – 53, Represented by her GPA Holder Smt. Juliana D’Souza, Aged 53 years, Residing at 5-Gloria, Model Town, 7 Bunglow, Andheri West, Mumbai – 53. …PETITIONER (By Shri. Cyril Prasad Pais, Advocate) AND:

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State of Karnataka, Represented by its Principal Secretary,

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Revenue Department, M.S.Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Commissioner, Dakshina Kannada District, Mangalore –576001.

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The Land Acquisition Officer and Assistant Commissioner, Mangalore Sub Division, Mangalore, Dakshina Kannada District – 576 001.

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… RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 14.9.2012, issued by the third respondent vide Annexure-A and to quash the notification dated 2.4.2013 issued by the first respondent which is at Annexure-B and direct the concerned Authorities to consider the objections filed by the petitioner dated 16.10.2012 and also the request made by the petitioner on 11.5.2013, which is at Annexure-D.

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IN W.P.No.52221/2013

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BETWEEN:

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Mrs. Catherine Rodrigues Nee Coelho, Aged about 75 years, Wife of Late Alex Rodrigues,

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Residing at Kuntala Kambla House, Door No.1-112, near Old Air Port Gate, Malavoor Village, Bajpe Post – 574 142, Mangalore, Dakshina Kannada.

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Mrs. Dulcine Rodrigues, Aged about 56 years, Daughter of Late Alex Rodrigues, Residing at Kuntala Kambla House, Door No.1-112, near Old Air Port Gate, Malavoor Village, Bajpe Post – 574 142, Mangalore, Dakshina Kannada.

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Mr. Gractian Alex Rodrigues, Aged about 54 years, Son of Late Alex Rodrigues, Residing at Gloria Nivas, Ambika Nagar, Paduperar Post, Bajpe Post – 574 142, Mangalore, Dakshina Kannada.

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Mr. Vincent Victor Rodrigues, Aged about 50 years, Son of Late Alex Rodrigues, Kuntala Kambla House, Door No.1-112, near Old Air Port Gate, Malavoor Village, Bajpe Post – 574 142, Mangalore,

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Dakshina Kannada.

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Mr. Leo Ronald Rodrigues, Aged about 47 years, Son of Late Alex Rodrigues, Residing at ‘Shalom’, Near Jesus and Mary Convent, Monkey Stand, Mangalore – 575 001.

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Mr. Robert Rodrigues, Aged about 44 years, Son of Late Alex Rodrigues, Kuntala Kambla House, Door No.1-112, near Old Air Port Gate, Malavoor Village, Bajpe Post – 574 142, Mangalore, Dakshina Kannada.

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Mr. Stany Rodrigues, Aged about 41 years, Son of Late Alex Rodrigues, Kuntala Kambla House, Door No.1-112, near Old Air Port Gate, Malavoor Village, Bajpe Post – 574 142, Mangalore, Dakshina Kannada. Petitioners 1 to 6 are represented By their GPA Holder petitioner no.7 Herein namely Stany Rodrigues, Aged about 41 years, Son of Late Alex Rodrigues. …PETITIONERS

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(By Shri. Cyril Prasad Pais, Advocate)

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AND:

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State of Karnataka, Represented by its Principal Secretary, Revenue Department, M.S.Building,

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Dr. Ambedkar Veedhi,

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Bangalore – 560 001.

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The Assistant Commissioner, Dakshina Kannada District, Mangalore –570 001.

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The Land Acquisition Officer, Dakshina Kannada, Mangalore – 570 001.

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… RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 14.9.2012, issued by the third respondent vide Annexure-A and to quash the notification dated 2.4.2013 issued by the first respondent at Annexure-B and direct the concerned Authorities to consider the objections filed by the petitioners dated 11.10.2012 and consequently drop the Acquisition proceedings in respect of the petitioners land.

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IN W.P.Nos.49994 AND 57423-57425/2013

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BETWEEN:

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Smt. Benedicta Pereira, Wife of Late Thomas Pereira,

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Aged about 63 years,

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Johnson Stephen Pereira, Son of Late Thomas Pereira, Aged about 26 years,

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Both residing at Gundav House, Near Old Airport, Malavoor Village, Bajpe Post Office, Mangalore – 575 028. …PETITIONERS

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(By Shri. Cyril Prasad Pais, Advocate)

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AND:

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State of Karnataka, Represented by its Principal Secretary, Revenue Department, M.S.Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Commissioner, Dakshina Kannada District, Mangalore –575 001.

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The Land Acquisition Officer And Assistant Commissioner,

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Mangalore Sub-Division, Mangalore – 575 001. Dakshina Kannada District. … RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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These Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 27.8.2012 vide Annexure-A issued by the third respondent and to quash the notification dated 2.4.2013 issued by the first respondent which is at Annexure-B and direct the concerned Authorities to consider the objections filed by the petitioners dated 16.10.2012 in respect of Sy.No.64/1, Sy.No.64/2A, Sy.No.64/2B and Sy.No.64/2C.

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IN W.P.No.54164/2013

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BETWEEN:

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Paul Rego, Aged about 64 years, Son of Late Deigo Rego and Florine Rodrigues, Maliyal Thota House, Adyapady Village, Bajpe Post, Mangalore Taluk – 574 142. …PETITIONER

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(By Shri. Cyril Prasad Pais, Advocate)

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AND:

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State of Karnataka,

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Represented by its Principal Secretary,

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Revenue Department, M.S.Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Commissioner, Dakshina Kannada District, Mangalore –570 001.

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The Land Acquisition Officer and Assistant Commissioner, Mangalore Sub Division, Mangalore – 570 001 Dakshina Kannada District.

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… RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification issued under Section 4(1) of the Act dated 27.8.2012 vide Annexure-A and quash the final notification dated 2.4.2013 issued by the first respondent which is at Annexure-B and direct the concerned Authorities to consider the representation filed by the petitioner dated 16.10.2012 vide Annexure-C and consequently drop the petitioners land from the Acquisition.

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IN W.P.No.50410/2013

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BETWEEN:

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Ivan Lobo, Aged about 42 years, Son of Late Carmine Lobo and

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Late Pascal Lobo, Kuntalkambla House, Near Old Air Port, Bajpe Post, Mangalore Taluk – 574 142. …PETITIONER

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(By Shri. Cyril Prasad Pais, Advocate) AND:

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State of Karnataka, Represented by its Principal Secretary, Revenue Department, M.S.Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Commissioner, Dakshina Kannada District, Mangalore –570 028.

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The Land Acquisition Officer and Assistant Commissioner, Mangalore Sub Division, Mangalore – 570 028, Dakshina Kannada District.

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… RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notice dated 14.9.2012, issued by the respondents 1 to 3 vide Annexure-A

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and to quash the notification dated 2.4.2013 issued by the first respondent vide Annexure-B and direct the respondent Authorities to consider the objections filed by the petitioner dated 16.10.2012 vide Annexure-C and consequently after an enquiry drop the Acquisition proceedings in respect of the petitioners property.

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IN W.P.Nos.51439 & 57812/2013

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BETWEEN:

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Smt. Macrine Rodrigues, Aged about 75 years, Wife of Late Pascal Rodrigues, Residing at Mudalkodi House, Benjanapadvau Post, Via Jodumarga, Bantwal Taluk – 574 219, Represented by her son and GPA Holder Stanly Rodrigues, Aged about 50 years, Son of Late Pascal Rodrigues, Residing at Mudalkodi House, Benjanapadvau Post, Via Jodumarga, Bantwal Taluk – 574 219.

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Stanly Rodrigues, Aged about 50 years, Son of Late Pascal Rodrigues, Residing at Mudalkodi House, Benjanapadvau Post, Via Jodumarga, Bantwal Taluk – 574 219. …PETITIONERS

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(By Shri. Cyril Prasad Pais, Advocate)

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AND:

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State of Karnataka, Represented by its Principal Secretary, Revenue Department, M.S.Building, Dr. Ambedkar Veedhi, Bangalore – 560 001.

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The Deputy Commissioner, Dakshina Kannada District, Mangalore.

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The Land Acquisition Officer and Assistant Commissioner, Mangalore Sub Division, Mangalore, Dakshina Kannada District.

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… RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent Nos. 1 to 3)

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These Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to quash the notification issued under Section 4(1) of the Act dated 27.6.2012 vide Annexure-A and to quash the notification dated 2.4.2013 issued by the first respondent which is at Annexure-B and direct the concerned Authorities to consider the objections field by the petitioners dated 13.10.2012 vide Annexure-C and

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consequently drop the proceedings in respect of the petitioners property.

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These Writ Petitions coming on for Hearing this day, the court made the following:

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O R D E R

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These petitions are heard and disposed of by this

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common order:

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The petitioners are all adjacent land owners and their

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lands are identified as follows:

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Sl. Nos.	Survey Nos.	Extent in acres
(i)	64/1	0.85
(ii)	64/2A	2.13
(iii)	64/2B	0.58
(iv)	64/2C	0.40
(v)	95/2B	2.53
(vi)	95/3P1	0.40

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(vii)	95/4	0.17
(viii)	96/1B1A2	1.41
(ix)	96/1B2P	0.37
(x)	96/1B3	0.50
(xi)	139/1A	5.04
(xii)	139/1B1	0.18
(xiii)	139/1B2-P1	0.28
(xiv)	139/1B3	0.13
(xv)	139/1B4	0.20
(xvi)	139/2	0.04
	TOTAL	15.21 acres

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The above lands of the respective petitioners are of Malavoor village. It transpires that the same were notified for acquisition

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for purposes of an Air Station for the Indian Coastguard. The petitioners being required to file objections, if any, they had filed their objections on various dates. On the very day, each of the petitioners were required to sign on the order-sheet of the authority and thereafter there was no further notice of enquiry. It is the case of the petitioners that final declarations in respect of each of the petitioners had been issued as if the matter had been heard and an enquiry had been conducted and further steps taken. The petitioners have not received any further notice of the proceedings and have preferred these petitions.

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The petitioners contend that the lands that are sought to be acquired are fertile agricultural lands and there is no special reason made out in choosing the petitioners’ lands. The petitioners are growing several crops as well as there are innumerable fruit bearing trees in each of the petitioners’ lands and the petitioners are entirely dependant on their lands for their livelihood. The land holdings are scarce in the area and are very valuable. It is the further case of the petitioners that each

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cent of land is valued at Rs.5,00,000/- and not less than Rs.5,00,000/-. In this background, if the petitioners’ lands are acquired, the petitioners would be seriously jeopardized in their livelihood and it is their further case that the petitioners all belong to a minority community and it is their strong feeling that they have been singled out and their lands are pointedly acquired because of their community. It is also stated that the acquisition proceedings are dictatorial and arbitrary and have not been conducted in accordance with law and therefore, seek interference.

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The respondent – State has filed Statement of objections which is found in W.P.50780/2013 to resist the petitions and have contended that at the request of the District Commander of the Indian Coast Guard, Panambur, New Mangalore dated 8.7.2011, the land measuring 15 acres 21 cents of Malavoor village of the petitioners was notified for acquisition under the preliminary notification dated 27.08.2012 and a final notification dated 2.4.2013 and the petitioners had

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filed their objections in respect of the same. The land is required for the purpose of developing the technical area for the Coast Guard Aircraft and the project cost is estimated at Rs.15 crore and that the area has been chosen after a careful study of the topography and the location, particularly its proximity to the Old Mangalore Airport is one of the factors in identifying the said area.

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The objections filed by the petitioners have been considered. The petitioners claiming that their community has been targeted, is an imaginary ground. On the other hand, the petitioners had appeared at the proceedings and had participated in the enquiry and it is only after considering their objections, the third respondent had rejected and same and recommended the issuance of the final notification. After issuance of the final declaration, the third respondent has also passed awards dated 30.09.2013. The learned Government Advocate would point out that the amount of compensation awarded in respect of the lands is at the rate of Rs.8,000/- per cent.

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Going by the contention of the learned counsel for the

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petitioners and the amount of compensation that is awarded, would shock the conscience of this Court. While there cannot

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be much said about the challenge to the validity of the acquisition proceedings, the amount of compensation that is awarded is alarmingly low and may not be with reference to the reality and therefore, on that ground alone, the petitions would have to be allowed.

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No prejudice would be caused to the respondents if the awards said to have been passed in respect of each of the petitioners’ cases is accordingly set aside.

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The Government Advocate having been called upon to furnish the details of the awards passed in respect of each of the petitioners, has now filed a memo dated 10.04.2014 furnishing the particulars. The memo which is filed collectively in respect of all the petitions, is taken on record.

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As found in the memo, each of the said awards pertaining to each of the petitioners, all of which are dated 30.09.2013, are

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hereby set aside and the petitioners shall be issued a fresh notice of the award proceedings and shall be heard as regards the true and fair market value of the properties and thereafter, it would be open for the third respondent to pass fresh awards. With that observation, the petitions are allowed and the third respondent is directed to expedite the consideration of the cases of the petitioners and shall pass fresh awards in respect of each of the petitioners. The petitioners are at liberty to tender evidence as regards the true and fair market value of the properties. It would be in the interest of the respondents to conduct the proceedings with expedition.

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Sd/JUDGE

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Valerian Rodrigues v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Valerian Rodrigues v. State of Karnataka

Case brief

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What did the court decide?

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