Disposed

Sri.Suresh S/O Hanamanth Antapur v. the Special Land Acquisition Officer

Karnataka HC20 Feb 2020WP/101008/2020

Case brief

AI extract

What is this about?

In this writ petition regarding land acquisition, the court directed the Special Land Acquisition Officer and the Managing Director of the Upper Krishna Project to consider the petitioner's representation dated 27.09.2019 for acquiring the remaining 13 guntas of land under a Government circular. The court ordered the response within three months.

What did the court decide?

Directed respondents to consider the representation and pass an order within three months of receiving this certified copy.

Sri.Suresh S/O Hanamanth Antapur Vs the Special Land… — Land Acquisition | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2020

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BEFORE

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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WRIT PETITION NO.101008/2020 (LA-RES)

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BETWEEN

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SRI.SURESH S/O HANAMANTH ANTAPUR AGED ABOUT: 40 YEARS, OCC: AGRICULTURE, R/AT: KOLUR VILLAGE, TQ: BILAGI, DIST: BAGALKOTE.

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... PETITIONER

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(BY SRI.MRUTYUNJAY TATA BANGI, ADVOCATE)

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AND

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THE SPECIAL LAND ACQUISITION OFFICER THE UPPER KRISHNA PROJECT, BILAGI TALUKA, BILAGI, DIST: BAGALKOTE-587116.

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THE MANAGING DIRECTOR UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOTE-587103 TQ & DIST:BAGALKOTE.

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... RESPONDENTS

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(BY SMT.VEENA HEGDE, AGA FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION/ APPLICATIONS DATED 27.09.2019, COPY AS PER ANNEXURE-E AND E1 AND ACQUIRE AND PAY COMPENSATION WITH ALL CONSEQUENTIAL BENEFITS TO THE REMAINING PORTION OF LAND OF THE PETITIONER IN SY.NO.66/1 MEASURING 13 GUNTAS SITUATED AT KOLUR VILLAGE, TQ:BILAGI DIST:BAGALKOTE INVIEW OF THE CIRCULAR ISSUED BY THE GOVERNMENT OF KARNATAKA DATED 29.09.2000, COPY AS PER ANNEXURE-D.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Though the writ petition is listed for preliminary

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hearing, with the consent of the learned counsels for the parties, the same is taken up for final disposal in view of the nature of relief sought in the petition.

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The petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus to the respondents to consider the representation dated 27.09.2019 at Annexures-E and

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E1 for considering his land for acquisition in Sy.No.66/1 measuring 13 guntas situated at Kolur Village, Bilagi Taluk, Bagalkot District in accordance with the circular dated 29.09.2000 at Annexure-D.

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Heard the learned counsel for the petitioner and the learned Additional Government Advocate.

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The petitioner claims that he is the owner of land bearing Sy.No.66/1 measuring 2 acres 1 gunta situated at Kolur Village, Bilagi Taluk, Bagalkot District. With the consent of the petitioner, petitioner’s lands were acquired in 3 stages i.e. 21 guntas, 9 guntas and 38 guntas. The petitioner was also paid compensation as awarded by the respondents. Out of 2 acres 1 gunta of land, now 13 guntas of land remains unacquired which has become uncultivable and inhabitable.

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The learned counsel invites attention to Annexure-D circular, wherein the Government has clarified that after acquisition of land from a person, if

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the remaining land is less than half hectors of the irrigated land, the land becomes uncultivable and the same is to be acquired. Based on the said circular, the petitioner has made representation dated 27.09.2019 to both the respondents. It is the grievance of the petitioner that the said representation has not been considered and no orders have been passed till this date.

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Per contra, the learned Additional Government Advocate submits that subject to verification of the circular dated 29.09.2000 at Annexure-D and if the petitioner’s land as stated by the petitioner is acquired under three stages, the respondents would consider the representation and pass appropriate order within a reasonable time.

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The petitioner claims that his land was

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acquired in 3 stages measuring totally 68 guntas and 13 guntas remains unacquired which is uncultivable and

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inhabitable. It is not economically viable either for cultivation or for any other purpose. As noticed, Annexure-D which is issued by the Commissioner, Rehabilitation and Land Acquisition-Cum-Secretary to Government, Revenue Department, Upper Krishna Project, wherein it is stated that if the land is less than half hector after acquisition of land from a person, it would not be economically viable for the said person and the same shall be acquired.

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The petitioner has made representation which is received by the respondent authorities on 27.09.2019. On the said representation, no order appears to have been passed. The respondents have a duty to consider the said representation and pass orders. Hence the following order:

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ORDER

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The respondents 1 and 2 are directed to consider

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the representation at Annexures-E and E1 received on

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27.09.2019 and pass appropriate order keeping in mind Annexure-D Circular dated 29.09.2000 bearing No.DAiÀÄÄPÀÛgÀÄ:¨sÀÆ¸Áé:¸ÀÄvÉÆÛÃ¯É:2000-01 in accordance with law within a period of three months from the date of receipt of a certified copy of this order.

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Accordingly, the writ petition stands disposed of.

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Sd/JUDGE

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Sri.Suresh S/O Hanamanth Antapur v. the Special Land Acquisition Officer

Case brief

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Sri.Suresh S/O Hanamanth Antapur v. the Special Land Acquisition Officer

Case brief

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