Dismissed

Sri. Prakash. C. M. v. the State of Karnataka

Karnataka HC8 Oct 2021WP/12981/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a public interest litigation challenging the diversion of 1 acre 20 guntas of gomal land for a power distribution center. The Court held that the Deputy Commissioner had valid jurisdiction and that power supply benefits outweighed the loss of land, noting sufficient alternative gomal land existed.

What did the court decide?

Writ petition dismissed; order of Deputy Commissioner sustaining diversion of 1 acre 20 guntas of land stands upheld.

Sri. Prakash. C. M. Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF OCTOBER, 2021

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PRESENT

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THE HON'BLE MR. SATISH CHANDRA SHARMA ACTING CHIEF JUSTICE

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AND

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THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.12981 OF 2020(KLR-LG-PIL)

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BETWEEN:

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SRI. PRAKASH. C. M. S/O MALLEGOWDA C M, AGED ABOUT 43 YEARS

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SRI. MANJEGOWDA S/O LATE. BASAVEGOWDA, AGED ABOUT 85 YEARS, (SENIOR CITIZEN BENEFIT NOT CLIAMED)

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SRI. NINGEGOWDA S/O LATE. VEELEGOWDA, AGED ABOUT 73 YEARS, (SENIOR CITIZEN BENEFIT NOT CLIAMED)

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SRI. CHANDRASHEKAR C B S/O. LATE. BENAKEGOWDA, AGED ABOUT 47 YEARS

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SMT. NEELAMMA W/O LATE. LINGEGOWDA, AGED ABOUT 53 YEARS

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SRI. C B BYREGOWDA S/O LATE. BASAVEGOWDA, AGED ABOUT 60 YEARS (SENIOR CITIZEN BENEFIT NOT CLIAMED)

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SRI. HALLAPPA S/O PUPEGOWDA, AGED ABOUT 48 YEARS

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SRI. GIRIGOWDA S/O LATE. JUNJEGOWDA, AGED ABOUT 60 YEARS, (SENIOR CITIZEN BENEFIT NOT CLIAMED)

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SMT. KENCHAMMA W/O MULLAIAH, AGED ABOUT 57 YEARS

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SRI. MALLIKARJUNA S/O HALEGOWDA, AGED ABOUT 41 YEARS

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SMT. USHA W/O MALLIKARJUNA AGED ABOUT 32 YEARS

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SRI. OMKARAPPA S/O VEERABHADRAPPA, AGED ABOUT 41 YEARS

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SRI. C V MALLEGOWDA S/O LATE. VEEREGOWDA, AGED ABOUT 80 YEARS, (SENIOR CITIZEN BENEFIT NOT CLIAMED)

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ALL ARE R/O CHANNAPURA VILLAGE, AGRICULTURISTS BY PROFESSION, KARAGADA POST, KASABA HOBLI,

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BELURU TALUK-573115 HASSAN DISTRICT

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...PETITIONERS

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(BY SRI.BALAGANGADHAR G S, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE 560001

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THE DEPUTY COMMISISONER HASSAN DISTRICT, HASSAN PIN-573201

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THE ASSISTANT COMMISSIONER SAKLESHPURA SUB DIVISION, SAKLESHPURA 573201, HASSAN DISTRICT

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THE TAHASILDAR BELURU TALUK , BELURU 573201, HASSANA DISTRICT

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THE EXECUTIVE ENGINEER (ELECTRICAL) MAJOR WORK DIVISIONS, KPTCL, HASSAN 573201, HASSANA DISTRICT

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…RESPONDENTS

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(BY SRI.V.SREENIDHI, AGA FOR R1 TO R4; SRI.PADMANABHA HOLLA.S, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE R-2 LEARNED DEPUTY COMMISSIONER GRANTING LAND IN SY.NO.73 WHICH IS A GOMAL LAND OF CHANNAPURA VILLAGE TO THE EXTENT OF 1 ACRE 20 GUNTAS TO THE R-5 KPTCL VIDE ORDERS DATED 07.07.2020 IN CASE WHICH IS PRODUCED AT ANNEXURE-K AS THE SAME IN IMPUGNED, PERVERSE, CAPRICIOUS AND LIABLE TO BE SET ASIDE AND ETC.,

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THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 07.10.2021, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, SACHIN SHANKAR MAGADUM J., MADE THE FOLLOWING:

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ORDER

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The captioned writ petition is filed in the nature of public interest litigation seeking a writ of certiorari to quash the order dated 7.7.2020 passed by 2^nd respondent-Deputy Commissioner as per Annexure-K and consequently, to issue a writ of mandamus directing respondents 1 to 4 to preserve the land bearing Survey No.73 of Channapura Village, Belur Taluk, Hassan District as a gomal land for the benefit of cattle and villagers.

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The facts leading to the case are as under:

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The 2^nd respondent by the impugned order dated 7.7.2020 has granted 1 acre 20 guntas of land in Survey No.73 in favour of 5^th respondent to establish power distribution center. The petitioners who claim to be the residents of Channapura Village are before this Court alleging that Sy.No.73 which is the subject matter of present writ petition is a gomal land totally measuring 10 acres 10 guntas. Therefore, petitioners claim that Survey No.73 is reserved as a gomal land and that there are more than 280 cattle in Channapura Village. The petitioners' contention is that the existing gomal land is insufficient and cannot cater the needs of the cattle in Channapura Village. On these set of grounds, the petitioners submitted a detailed representation raising strong objections not to divert the gomal land for establishment of power distribution center. The petitioners are before this Court on the ground that the 2^nd respondent without considering the representation submitted by the

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petitioners and without holding proper enquiry has diverted 1 acre 20 guntas in Survey No.73 and therefore, the present writ petition is filed in the form of public interest litigation.

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On receipt of notice, respondents 1 to 4-State has filed statement of objections stoutly denying the entire averments made in the entire writ petition. The respondentsState at para 6 of the statement of objections has taken up a specific contention that there is a long standing demand by the neighbouring villages for establishment of power distribution center which if established would enable the villagers to have the benefit of uninterrupted power supply. Therefore, the respondents-State has contended that the 2^nd respondent-Deputy Commissioner has adverted to the need of establishment of power distribution center and has rightly diverted 1 acre 20 guntas of land in Survey No.73.

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5^th respondent has also filed statement of

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objections and has stoutly denied the entire averments made

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in the petition. 5^th respondent in the statement of objections has specifically contended that the power station is sought to be installed in the petition land to overcome shortage of electricity. The 5^th respondent has further contended that Channapura Village already has gomal land in Survey Nos.72, 73 and 75 totally measuring 20 acres 20 guntas and therefore, the allegations made in the writ petition are false and accordingly, 5^th respondent seeks for dismissal of the writ petition.

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Heard the learned counsel for the petitioners, the learned AGA and the learned counsel appearing for 5^th respondent. We have meticulously perused the grounds urged in the writ petition and also the averments made in the statement of objections filed by the State as well as 5^th respondent.

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The petitioners have submitted representations to

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the 1^st respondent-State by seriously objecting establishment

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of power distribution center in the petition land. The representation at Annexure-B submitted by petitioners would disclose that the petitioners are objecting for establishment of power station on the ground that if the land is granted the same would curtail development activities in Channapura Village and that would cause great injustice. The representation submitted at Annexure-"C" is also on the same lines. Even in the representation submitted at Annexures-E, F and G, the petitioners are protesting on the premise that if land is diverted that would hamper developmental activities in the village. The petitioners have also contended in the above said representations that establishment of high voltage unit would pose threat to the villagers.

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The 5^th respondent has filed detailed statement of objections. Para 11 of the statement of objections would be relevant and the same is culled out as follows:

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"11. That the proposed power station has been envisaged and conceived to overcome the shortage of Electricity for the agricultural and industrial consumption in and around Channapura and other Villages of Belur Taluk. The Respondent No.5 already started construction works with huge investments to the benefit of the general public. There is 20 Acre 20 Guntas of Gomala land in Sy.No.72, 73 & 75 of Channapura Village and out of this only 1 Acre 20 Guntas is granted to the Respondent No.5 to establish the power station. There is adequate space and enough Gomala land available for the cattle to grance in the surrounding Villages. Hence, the Writ Petition for quashing the Order of 2^nd Respondent is filed with frivolous grounds and therefore this Writ Petition is not maintainable for the reliefs claimed therein."

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The details furnished at Para 11 of the statement of objections clearly indicate that Channapura Village has sufficient gomal land. Though petitioners have referred to only one survey number, however, in the statement of objections, the 5^th respondent has furnished details indicating that there are three survey numbers totally measuring 20 acres 20 guntas

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reserved as gomal land. Therefore, the apprehension of the petitioners that if a portion of land in Survey No.73 is diverted the same would affect the cattle population is totally misconceived. The material on record clearly indicates that the State Government has set apart sufficient land for free pasteurizing of cattle in Channapura Village. The respondents have resolved to grant 1 acre 20 guntas for establishment of power distribution center which would also solve the acute shortage of power supply. If the power distribution center is established at Channapura Village, the farmers of Channapura Village as well as neighbouring villages would be benefited and

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the same would have possible impact on agricultural operations.

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We have given our anxious consideration to the materials placed on record by the rival parties. Establishment of power distribution center has to be placed at higher pedestal compared to losing negligible extent of gomal land.

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The establishment of power station would invariably enhance quality power supply to Channapura Village and also to the neighbouring villages and will be able to reap considerable amount of economic and social development apart from enhancing the agricultural activity on account of uninterrupted power supply.

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Section 71 of Karnataka Land Revenue Act, 1964 though provides for reservation of lands for pasturage, forestry and other public purposes, but the Deputy Commissioner has authority to permit use of such land for other purpose. This issue is settled by a Full Bench of this Court in the decision rendered in the case of D.C. Ramesh .vs.

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State of Karnataka[2003 (4) KCCR 2790] wherein it is held that the Deputy Commissioner has got power both to reserve and de-reserve any government land. In the present case on hand, the Deputy Commissioner on satisfaction has recommended to divert 1 acre 20 guntas for establishment of power distribution

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center. This action neither appears to be irrational or arbitrary.

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It is also borne out from the records that respondent No.5 has commenced with the project and any delay in implementing the project would deny the villagers in getting uninterrupted power supply.

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For the foregoing reasons, the ground urged in the writ petition and the prayers sought in the present writ petition cannot be entertained and we do not find any valid grounds to quash the order passed by the 2^nd respondent diverting 1 acre 20 guntas of land in Survey No.73 for establishment Power distribution center.

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