Disposed

P Ramegowda v. Special Land Acquisition Officer

Karnataka HC18 Jan 2016WP/47311/2015

Case brief

AI extract

What is this about?

This order disposed of writ petitions under Article 226 challenging the indefinite pendency of Section 28-A applications for enhanced compensation. The court directed the Special Land Acquisition Officer to decide the pending applications within four weeks.

What did the court decide?

Directed Special Land Acquisition Officer to consider pending Section 28-A applications and dispose of them within four weeks.

P Ramegowda Vs Special Land Acquisition Officer — Land Acquisition | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JANUARY, 2016

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION Nos.47311-47337 OF 2015 (LA-RES)

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BETWEEN:

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P. Ramegowda, Son of Late Papegowda, Aged about 62 years,

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H.T.Nanjegowda, Son of Late Thopegowda, Aged about 63 years,

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Sakamma,

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Wife of Late Sannaningegowda, Aged about 62 years,

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Kalamma, Wife of Late Kalegowda, Aged about 72 years,

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Ningegowda,

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Son of Late Kikkerigowda, Aged about 62 years,

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Sakamma,

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Wife of Late Sanna Ningegowda,

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Aged about 53 years,

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Amruthvalliyamma, Wife of Partha, Aged about 62 years,

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S. Basavaraju, Son of Late Nanjundaiah, Aged about 42 years,

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Meenakshamma, Wife of Kalegowda, Aged about 42 years,

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Mahadevamma @ Kalamma, Wife of Karimallaiah, Aged about 42 years,

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Lakshmamma, Wife of C. Ningaraju, Aged about 42 years,

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Krishnaiah, Son of Late Sannaiah, Aged about 60 years,

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Manjaiah, Son of Late Kalaiah, Aged about 64 years,

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Marikala, Son of Kalaiah, Aged about 42 years,

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Jayamma,

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Wife of Late Singraiah, Aged about 42 years,

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Krishnamurthy H.K., Son of Late Kalaiah, Aged about 39 years,

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M. Nagraju, Son of Late G Mallaiah, Aged about 42 years,

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Mahalingaiah .M, Son of Late Mallaiah, Aged about 52 years,

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Honnamma, Wife of Lat Javaraiah, Aged about 62 years,

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Deviramma, Wife of Late Venkataramu, Aged about 62 years,

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Lakshmamma, Wife of Late H.L.Lingaiah, Aged about 62 years,

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Sannalingaiah, Son of Late Eraiah, Aged about 62 years,

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Doddegowda, Son of Late Kalalingegowda, Aged about 62 years,

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Nanjegowda, Son of Chikka, Aged about 67 years,

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Kambegowda, Son of Late Kambegowda, Aged about 62 years,

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Jayamma, Wife of late Singraiah, Aged about 67 years,

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Sakamma, Wife of Sannaningegowda, Aged about 55 years,

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All are residents of Hirikalale Village, Kasaba Hobli, K.R.Pet Taluk, Mandya District.

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…PETITIONERS

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(By Shri Syed Akbar Pasha, Advocate)

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AND:

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Special Land Acquisition Officer, Hemavathi Reservoir, Office at Deputy Commissioner’s Building, Mandya District 571 426.

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The Executive Engineer, No.3, Division, HLBC, K.R.Pet, Mysore Channarayapatna Road,

K.R.Pet Town,

Mandya District.

The Deputy Commissioner, Mandya District 571 426.

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The Principal Secretary, Government of Karnataka, Revenue Department, Vidhana Soudha, Bangalore 560 001.

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…RESPONDENTS

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(By Shri Laxminarayana, Additional Government Advocate for Respondents)

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These Writ Petitions filed under Article 226 of the Constitution of India praying to direct the respondents to consider the petitioners 28(A) application and to re-determine the value of the land as per the award passed by the learned Civil Judge and JMFC Court at K.R.Pet in L.L.A.C.112/2010 dated 27.11.2012 which is produced at Annexure-B within a month.

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

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O R D E R

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The learned Government Pleader is directed to take

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notice for the respondents.

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The petition is considered for final disposal having regard to the facts and circumstances. The petitioners are said to be agriculturists whose lands were acquired by the State for formation and construction of the Hemavathi Reservoir by a preliminary notification dated 16.11.1987 and a final notification dated 8.8.1990 and thereby possession was taken. There was a compensation of Rs.24,926/- per acre awarded to the petitioners as well as others. It transpires that there was reference to the Civil Court seeking enhancement of compensation and it was duly enhanced to Rs.40,000/- per acre.

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Consequently, the present petitioners had filed an application under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the LA Act’, for brevity) seeking the benefit of the enhancement. The said application is said to be pending consideration since the year 2013 without any orders being passed. Hence, the petitioners are before this Court.

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It is unfortunate that an application under Section 28-A of the LA Act is filed in time by each of the petitioners is kept pending indefinitely, when it is a routine application that ought to have been considered and disposed of. Therefore, the Special Land Acquisition Officer – Respondent No.1 is directed to consider the said applications which are pending before him and dispose of the same within a time frame of four weeks if not earlier, from the date of receipt of a copy of this order. The petitions stand disposed of accordingly.

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Sd/JUDGE

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P Ramegowda v. Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

P Ramegowda v. Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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